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Home My WebLink About1993-05-12 Decision PRD DEF SUB HUN HUI TOWN OF NORTH ANDOVER HASSACHUSLTTS „oN Any appeal shall be filed 0' ,.,• "� within (20) days after the date of filing of this Notice In the Office of the Town Clerk, NOTICE OF DECISION Date. .P1ay 12, ]993. . . . . . . . . . . . . . . . Date of Hearing Mar, 30, Apr. G, & _. Apr. 29, 1993 Petition of . .White Birch Construction . • . . . . . • • . . ♦ . . . ♦ . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ass Avenue Premises affected North Side of Pt. . . . . . . . . . . , . . . . . . . _A. Referring to the above petition for a special permit from the requirements of the �q� ll .$ clover Zon:ny BYlaw - Section 8.5 - Planned Residential Development i 5o as to permit •the construe;ion, of lS single family dwellings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . • . • . • . . . • • ♦ • • • . . . . • . • s . • • • • . ♦ . • . . . . . . . • • . . • • . • . . . . • . . . ♦ . . • . . . . . . . . . . . . . . . . . . . . Q After a ublic hearing given on the above date, the Planning Board voted CONDITIONAL Y APPROVE Special Permit ', to . . . . . , . . • .the . . . . . . . . . . • . . . . . . . . . . . . . . . I . . . . . . . . . . . . . 'this Is to oertlty#W two*(20)daye have N d km 009 of dsdOm filed ATMT:, wlthM oa 3 x Trno Co" b lbwnc based upon the following conditions : TOWS k Signed L cc: nip :cuoL oL nL,:>: is Works ��G aid.A ,N� cIG},�a,, Ch�ir•�an, , , Building Inspector conservation Administrator V' e Chasrman SST�4fic . .i� . . . . . . . . . . . . . . . Health Agent Assessors Police Chief Fire Cltief John Dr.;,I.er ,1pL31ic.-int . . . . . . 1Cobblestone Crossing Special Permit Planned Residential Development Conditional Approval The Planning Board herein approves the Special Permit for a ' Planned Residential Development of 17 lots re�30ted19 White Birch Construction Co. Inc. , dated December Planning Board makes the following findings as required by the Rules and Regulations Governing' the Subdivision of Land Sections 10 . 3 , and 10. 31. A. The specific site is an appropriate location tely 1or3 aacresPlanned Residential Development and i pp in size. B. The use as developed will not adversely affect the neighborhood. C. ' There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes findings under Section 8 . 5 of the Zoning Bylaw that this PRD is in harmony with the general purpose and intent of the Bylaw and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of the citizens of the Town of North Andover. In particular, the Planning Board finds that this project will : A. Promote the more efficient use of land in harmony with its natural features by preserving 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 provided 3 , 6 acres (35%) 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 ealso PRD. fins that a base Thi density appropriate forr the ths number of lots has been determined 1 ` r r r from a Preliminary Conventional Subdivision Plan provided to the r Planning Board which satisfies the Town' s requirements for submission of such a plan, This Preliminary Plan is described as follows: Plans entitled: Cobblestone Estates f Conventional Prepared by: Environeers, Inc. Dated: February 1993 Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. Prior to endorsement of the plans by the planning board and recording with the Registry of Deeds the applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Performance Guarantee in the amount of $15 , 000 (fifteen thousand dollars) to be held by the Town of North Andover, The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. This amount shall cover any contingencies that might affect the public welfare such as site-opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Performance security as described in Condition 3 (C) of the Definitive Subdivision Conditional Approval . This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full , or partially retained in accordance with the recommendation of the Planning Staff and as directed by the vote' of the North Andover Planning Board. b. All designated open space parcels shall be retained by the owners of the individual lots in trust. A perpetual restriction of the type described in M.G. L. Chapter 184 , Section 31 running to or enforceable by the town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for• one or more of the following uses : conservation , agriculture, or recreation. Documents to this effect must be reviewed by the Planning Staff prior to endorsement. C. The trust created in Condition 1 (b) above must also provide for the maintenance of the entrance way fence 2 276 and landscaping. r d. Restrictive Covenants must be recorded to insure that the architectural style and materials of the proposed structures are in accordance with the architectural plans shown on Sheet 9 of the Plans entitled "Cobblestone Crossing, A Residential Single Family Dwelling Development in North Andover, MA" dated May 3 , 1993 . Documents to this effect must be reviewed by the Town Planner prior to endorsement of the plans. 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. f. Landscaping must be in accordance with the recorded plans and landscaping plans as shown on the "planting Plan, Cobblestone Crossing at North Andover, MA" prepared by Miquelle MZO Group. 2 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval followed and: a. Copies of the documents concerning the ownership in trust of the open space, the conservation restriction, and the restrictive covenants as referenced above, must be submitted to the Board for review. b.. A silt fence must be placed along the no-cut buffer zone on all lots to be released. The placement of the silt fence will be viewed and approved by the Town Planner. 3 . Prior to FORM U verification (Building Permit Issuance) for an individual lot, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval must be followed. 4 . Prior to a Certificate of occupancy being issued for an individual lot, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval must be followed . 5. Prior to the final release of security, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval must be followed. 3 .27 6. The applicant shall adhere to the following requirements of t 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. 7 . Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. The tree line as shown on the approved plans must be marked in the field and confirmed by the Tree Warden and/or Town Planner. The Town Planner must be contacted prior to any cutting on site to review the marked tree line. Efforts to protect trees on site must be made. 8 . This special permit approval shall be deemed to 'have lapsed after I)*�C4, %two. years from the date permit granted) unless substantial construction of roadway and utilities has commenced. This project must be completed by (within two (2) years from the date of the start of construction) 9 . Any plants, trees, or shrubs incorporated into the landscape plan titled "Planting Plan, Cobblestone Crossing at North Andover, MA" prepared by Miquelle, MZO Group, that die within one year from the time of planting shall be replaced by the applicant. 10. 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. 11. This Special Permit approval is based upon the approval of a Definitive Subdivision Plan. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: a. Plans entitled: Cobblestone Crossing A Residential Single Family Development in North Andover, MA Dated: December 3 , 1992 , revised March 26, 1993 , May 3 , 1993 . Prepared For: White Birch Construction Co. , Inc. 38o Essex Street, Suite 1 Lawrence, MA 01841 Prepared By: Environeers Inc. 160 Pleasant Street North Andover, MA 01845 Sheets: 1 through 9 4 ~ I E � 1 ` I 278 b. Plans entitled: Planting Plan Cobblestone Crossing at North Andover, MA Prepared by: Miquelle, MZO Group Cc. Conservation Administrator Director .of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Cobblestone. PRD 5 KARE'N H.P. NELSON + m Town of 120 Main Street, 01845 Director (508) 682-6483 BUILDING +.y•,,;o . ,� NORTH ANDOVER CONSERVATION SSA°""a`s DIVISION of PLANNING PLANNING & COMMUNITY DEVELOPMENT May 12, 1993 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Special Permit - PRD Cobblestone Crossing Dear Mr. Lang: The North Andover Planning Board held a public hearing on February 2, 1993 in the Selectmen's Meeting Room, upon the application of White Birch Construction, 380 Essex Street, Lawrence, requesting a special permit under Section 8 . 5 - Planned Residential Development, of the North Andover Zoning Bylaw. The following members were present: George Perna, Richard Nardella, John Simons, Joseph Mahoney, John Draper and Richard Rowen. The legal notice was duly advertised in the Lawrence Eagle Tribune on January 18 and January 25, 1993 and all parties of interest were properly notified. The petitioner was requesting a Special Permit - PRD for the construction of 15 single family dwelling units in a Residential-3 Zoning District. The premise affected is located on the North side of Massachusetts Avenue. Mr. Simons read the legal notices to open the public hearing. Comments were also read from the D. P.W. Al Shaboo, Environeers, gave the Board a brief presentation of the proposed development. 1. PRD proposed 2 . 'There are Form A lots 3 . proposing two roadways 4 . open space will be provided 5 . Town sewer and water Mr. Shaboo stated that he wanted to maintain as much of a green space as possible as shown on the plans. The watermain can be looped. There are no drainage calculations completed at this time as the project has not been finalized. Page 2 • Cobblestone Crossing Mr. Draper asked if this development could connect to Cranberry Lane. Ms. Bradley stated that the houses were too close together on Cranberry Lane and there were no easements granted. Mr. Simons stated that this was a transition area because of the commercial and residential mix. He asked that the developer look at other alternatives, such as commercial use in the existing houses. Maybe light business along Route 125. Mr. Perna asked if there were wetlands on the site. Mr. Shaboo stated that there were no wetlands on the site and the engineers have reviewed the site. There has been a submittal to the Conservation Commission. Questions were raised on how the. number of lots were calculated. Mr. Perna commented on the following: 1. green space usually connects to other pieces of open space 2 . commercial /residential buffer needed 3 . no increase traffic on Route 125 4 . Would `not allow roads to be 7 ' o f f each other, have to be directly across from Phillips Common. Mr. Simons suggested changing the zoning to allow the houses on Route 125 to remain but be used as businesses. If torn down, uses would be lost. Mr. Perna opened the meeting to the public for comments. Julia Warchol expressed concerns about wetlands and wanted to know the zoning requirements. Mr. Shaboo stated that in a conventional subdivision, the required lot area is 1/2 acre. In a cluster development 1/4 acre is required. Mr. Shaboo stated that he is proposing to keep a small strip of land along the Warchol property as open space. Mr. Perna explained the PRD development. Amy Olenio expressed her concerns about usage of land as it is wet. Pumps are used in cellars to keep the water out. She was told that the site was not buildable. There is also a traffic issue on Mass Avenue due to the construction and completion of Phillips Common. Mr. Perna stated that traffic studies were completed on Phillips Common that stated no major increase in traffic would occur, Page 3 : Cobblestone Crossing Steve Patterson, abutter, wanted to know how close the house would be from his lot. Mr. Shaboo stated that the houses would not be less than 50 ft. in the PRD because of the buffer zone requirement. Mr. Patterson wanted a green space buffer along Mass. Avenue and his property. He stated that there was standing water on the proposed site. Brian Healy, an abutter, wanted to know what the value of the homes would be. He also questioned if there would be any problems with fire engine access. Mr. Perna stated that the concerns of the fire department would be part of the decision. Mr. Healy also expressed concerns with problems with the 1199" Restaurant. Mr. Shaboo stated that the value of the homes would be in the $300, 000 range. Mrs. Healy wanted to know what would happen if the homes did not sell for $300, 000. She asked if there was a requirement that homes be sold at a certain rate and where the break even point was. Peter Shaheen stated that the PRD may be a better way to go because there was more control. He stated that the impact on the 119911 ' s expanded parking lot brought concerns to the residents. Chris Moen lives on the corner of Osgood Street and Mass. Avenue. He expressed concerns about the water level on the site. He stated that there were major traffic concerns along Mass. Avenue. A traffic light at Osgood Street and Mass Avenue or possibly four way stop signs would help the traffic problem. Mr. Moen asked if the Board looks at plans architecturally. Mr. Draper stated that architecture is very important and there is a need for integration of design and landscaping. On a motion by Mr. Mahoney, seconded by Mr. Draper, the Board voted to continue the public hearing to February 16, 1993 . The applicant was to work with Mr. Simons on re-doing the conventional plan to coincide with what was proposed. The February 16, 1993 meeting was canceled due to inclement weather. On February 23 , 1993 the Planning Board held a regular i meeting. The following members were present; George Perna, Joseph Mahoney and Richard Rowen. Peter Shaheen, an abutter was present. Also present was Al Shaboo, engineer. Open space will be 35% . Mr. Perna stated that the development does not appear to be advantageous as a PRD. Page 4 : Cobblestone Crossing 1. more road 2 . sells 1/2 size lots The lots near the 1199" were questioned. PRD I alternative suggested by members of the Board. (2 zero lot line lots, Lot 3 & Lot 5) A site walk will be scheduled. Street lighting to be similar to Phillips Common, tied into a timer and homeowners will pay on their electric bills. A decision will be drafted for the next meeting for the Board to review. On March 16, 1993 , the Planning Board held a regular meeting. The following members were present: George Perna, Richard Nardella, John Simons, Joseph Mahoney, John Draper and Richard Rowen. Ms. Bradley read a letter to Mr. Al Shaboo. Berm along the 11991 , with plantings but concern that would need a variance to do something in the 50 ' buffer zone. Wetlands - need letter from the Conservation Commission. Mr. Nardella asked if there was a validated contract with the property owner. The Owners are the Messina 's, the developer is Grifoni. Mr. Draper wants to see substantial buffer along the 1199" border. Mr. Simons expressed concerns about marketability. i Mr. James Grifoni, White Birch Construction, stated that the site has trees, a country setting, and there will be traditional homes set in the woods, a private site. There are dense woods along the back of the 1199" Restaurant. A row of 10 ' pines along the 1199" border, dense bush along the back may be required. The Board would like to see a final plan prior to closing the public hearing. The Board wanted one lot eliminated behind the 1199" . Mr. Draper would like to see the best effort to create buffer zone. f Page 5: Cobblestone Crossing Mitigation plan for noise issues. Mr. Mahoney stated that home buyers will know that they are moving in behind the 119911 . Brian Healy, Mass Avenue, expressed concerns on the following: 1. need to control people leaving the 1199" 2 . construction noise problems a. limit construction noise, police enforce Conditions on opening and closing of roadway. Mr. George Carey expressed concerns about the PRD. Mr. Bill Hansen also expressed concerns about the PRD. Mr. Simons had that following comments: 1. 1/2 acre lot zoning 2 . design flexibility 3 . creates larger buffers 4 . keep new housing and roadway away from existing houses Mr. John Dalkner expressed Concerns about Mass Avenue and the traffic. Mr. Perna stated that a traffic study may be required. A State D. P.W. permit will be required. Mr. Shaboo stated that the traffic could be re-routed to alleviate traffic problems in this area. Construction traffic to be kept to the major roads. Mr. John Leman, Pine Ridge Road, asked developer to put stipulations in the deed regarding potential 1199" problems. On a motion by Mr. Draper, seconded by Mr. Mahoney, the Board voted to continue the public hearing. Staff was directed to write a letter to the applicant outlining the issues. On March 30, 1993 the Planning Board held a regular meeting. The following members were present: George Perna, Richard Nardella, John Simons, Joseph Mahoney and Richard Rowen. D. P.W. issues presented by Mr. Perna: 1. drainage calculations not satisfactory 2 . looping water to Cranberry Lane 3 . natural drainage of land not accounted for i Page 6: Cobblestone Crossing 4 . elevations do not match on separate plan sheets 5 . sewer and water main locations cannot be at the same elevation D. P.W. does not have a problem with double cul-de-sac for this project. I Applicant must address issues of D. P.W. with Bill Hmurciak. Al Shaboo, Environeers, Inc. , showed the Board the following: 1. rendering of entrance to subdivision from Mass. Avenue 2 . renderings of each house to be constructed. a. house types were designated on each lot The developer has added existing parcels to the entire project to create a total of 10. 4+/- acres. This also created additional open space. The Board was presented with two options for the additional open space. Alternative A Is to make the Form A lot a 17th PRD Lot and preserve open space around it. This would create greenspace along Route 125 to shelter homes. Mr. Nardella asked if Alternate A was chosen, if there was anything to do to create more buffer along the back of the 1199" . Alternative B Is to dedicate the existing vacant lot bordering on the 1199" Restaurant as open space and keep the lot on the corner of Mass. Avenue and Route 125 as a For A lot. Mr. Rowen would rather go with Alternative B because he wants to buffer the 1199" as much as possible. Mr. Mahoney agreed with leaving existing Form A lot on the corner with open space next to the 1199" . The Board decided to go with Alternative B - dedicate existing vacant lot next to the 1199" Restaurant as open space. Create Form A lot on the corner of Mass. Avenue and Route 125 Page 7 : Cobblestone Crossing Barrier Issues: Al Shaboo stated that a berm was infeasible due to large size of clearing required. A fence was suggested but there are maintenance issues and the potential for destruction by 1199" patrons. Mr. Shaboo suggested the construction of a 4 foot stone wall. a. minimal maintenance b. keep in character with surrounding area C. There would be minimal grading without cutting trees. Keep people, headlights out of subdivision. Mr. Mahoney stated that impenetrable landscape barriers exist in town. Mr. Rowen asked the developer to plant dense shrubbery in back of the hemlocks. Mr. Nardella stated that no planting will block headlights right away but stone plus plantings would be effective. No cut zone found on lots must be on plans and in the deed restrictions Side setback waivers requested on specific lots were acceptable to the Board. There were no abutters present at this meeting. Ms. Bradley recommended the Board close the public hearing. On a motion by Mr. Rowen, seconded by Mr. Perna the Board voted to close the public hearing on both the definitive subdivision and the special permit. NOTE: Alternate member is voting member for tonight' s meeting. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to take the matter under advisement on both the definitive subdivision and the special permit. Decision will be considered at the April 6, 1993 meeting. On April 6, 1993 , the Planning Board held a regular meeting. Issues discussed were as follows: 1. D.P.W. has to review the newest changes to the plans. 2 . detention pond in no cut zone. 3 . Where are the existing trees in relation to the homes? Page 8: Cobblestone Crossing 4 . Locate major trees on plans, give indication of existing trees, 5. Screening of detention pond. 6. Need to know why no swales in town - from Mr. Hmurciak 7 . 4ft. stone wall to be constructed with plantings. The question of why raise roadway and house was brought up. The answer was to keep to existing grade. The model home must be on sewer system. No decision was rendered. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to continue to take the matter under advisement. The Police Department will be asked about a right turn only from the subdivision. On April 20, 1993 the Planning Board held a regular meeting. The following members were present: John Simons, Joseph Mahoney, George Perna and John Draper. Mr. Al Shaboo gave the Board an overview of the revised plans. The applicant needs to label lot next to the 1199" as open space and make sure that it is deeded to trust. Ms. Bradley read Mr. Richard Doucette's comments regarding the tree line. A landscape plan was shown. The question of who will maintain fence/entry way were brought up. This needs to be added to the trust agreement. A copy of the agreement will be reviewed by Mr. Mahoney. Street lights would be tied into each owner' s driveway and house. The developer would Like to start construction in the Spring. Mr. Rowen and Mr. Hmurciak had a discussion on swales vs. detention basins. The Board will review the draft decision and new information provided. A final vote on the draft decision will be on April 29 , 1993 . Page 9 : Cobblestone Crossing On April 29 , 1993 the Planning Board held a regular meeting. The following members were present: Richard Nardella, John Simons, Joseph Mahoney, Richard Rowen and George Perna. Mr. Rowen expressed his concerns with the trees being too close to the houses. Mr. Simons stated that the outline of the parcel approved is unclear, need to mark what is part of plan deeded open on final plans not showing any lot lines. All open space should be labeled with acreage. Total acreage is 10. 4 . There was a discussion of the Performance Bond amount. $800. 00 per lot = $15, 000 Mr. Nardella had a discussion on restrictive covenants. On a motion by Mr. Mahoney, seconded by Mr. Perna the Board voted unanimously to approve the definitive subdivision as amended. On a motion by Mr. Mahoney, seconded by Mr. Rowen the Board voted unanimously to approve the Special Permit for the PRD as amended. Attached are those conditions the Board voted. sincerely;' PLANNING BOARD x.chard A. Nardella, Chairman cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer File i Cobblestone Crossing ,Special Permit Planned Residential Development Conditional Approval The Planning Board herein approves the Special Permit for a Planned Residential Development of 17 lots requested by White Birch Construction Co. Inc. , dated December 30, 1992 . The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land Sections 10. 3 , and 10. 31 . A. The specific site is an appropriate location for a Planned Residential Development and is approximately 10 . 3 acres in size. B. The use as developed will not adversely affect the neighborhood. C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes findings under Section 8 . 5 of the Zoning Bylaw that this PRD is in harmony with the general purpose and intent of the Bylaw and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and promotes the- .public health, safety, and welfare of the citizens of the Town of North Andover. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features by preserving 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 provided 3 . 6 acres (35%) 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 17 lots is appropriate for the PRD. This number of lots has been determined 1 f f 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: Cobblestone Estates Conventional Prepared by: Environeers, Inc. Dated: February 1993 Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. Prior to endorsement of the plans by the planning board and recording with the Registry of Deeds the applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Performance Guarantee in the amount of $15, 000 (fifteen thousand dollars) to be held by the Town of North Andover. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. This amount shall cover any contingencies that might affect the public welfare such as site-opening, clearing, erosion control and performance of any either condition contained herein, prior to the posting of the Performance Security as described in Condition 3 (q) of the Definitive Subdivision Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full , or partially retained in accordance with the recommendation of the Planning Staff and as directed by the vote of the North Andover Planning Board. b. All designated open space parcels shall be retained by the owners of the individual lots in trust. A perpetual restriction of the type described in M.G.L. Chapter 184 , Section 31 running to or enforceable by the town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses : conservation , agriculture, or recreation. Documents to this effect must be reviewed by the Planning Staff prior to endorsement. C. The trust created in Condition 1(b) above must also provide for the maintenance of the entrance way fence 2 6. 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. 7 . Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. The tree line as shown on the approved plans must be marked in the field and confirmed by the Tree Warden and/or Town Planner. The Town Planner must be contacted prior to any cutting on site to review the marked tree line. Efforts to protect trees on site must be made. 8 . This special permit approval shall be deemed to have lapsed after M1 i,g-1 1{ij!"two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. This project must be completed by z./ (within two (2) years from the date of the start of construction) 9 . Any plants, trees, or shrubs incorporated into the landscape plan titled "Planting Plan, Cobblestone Crossing at North Andover, MA" prepared by Miquelle, MZO Group, that die within one year from the time of planting shall be replaced by the applicant. 10. 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. 11. This Special Permit approval is based upon the approval of a Definitive Subdivision Plan. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: a. Plans entitled: Cobblestone Crossing A Residential Single Family Development in North Andover, MA Dated: December 3 , 1992 , revised March 261 1993 , May 3 , 1993 . Prepared For: White Birch Construction Co. , Inc. 380 Essex ,Street, Suite 1 Lawrence, MA 01841 Prepared By: Environeers Inc. 160 Pleasant Street North Andover, MA 01845 Sheets: 1 through 9 4 5 and landscaping. d. Restrictive Covenants must be recorded to insure that the architectural style and materials of the proposed tructures are in accordance with the architectural plans shown on Sheet 9 of the Plans entitled "Cobblestone Crossing, A Residential Single Family Dwelling Development in North Andover, MA" dated May 3 , 1993 . Documents to this effect must be reviewed by the Town Planner prior to endorsement of the plans. 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, f. Landscaping must be in accordance with the recorded plans and landscaping plans as shown on the "planting Plan, Cobblestone Crossing at North Andover, MA" prepared by Miquelle MZO Group. 2 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval must be followed and: a. Copies of the dricuments concerning the ownership in trust of the open space, the conservation restriction, and the restrictive covenants as referenced above, must be submitted to the Board for review. ' b. A silt fence must be placed along the no-cut buffer V zone on all lots to be released. The placement of the silt fence will be viewed and approved by the Town Planner. 3 . Prior to FORM U verification (Building Permit Issuance) for an individual lot, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval must be followed. 4 . Prior to a Certificate of occupancy being issued for an individual lot, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval must be Jfollowed . 5 . Prior to the final release of security, the conditions outlined in the Cobblestone Crossing Definitive Subdivision Conditional Approval must be followed. 3 b. Plans entitled: Planting Plan Cobblestone Crossing at North Andover, MA Prepared by: Miquelle, MZO Group CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Cobblestone.PRD 5