HomeMy WebLinkAbout1993-05-12 Modification PRD 1
Cobblestone Crossing Modification FKn
Special Permit
Planned Residential Development
Conditional Approval
The Planning Board herein approves this Modification to the
Special Permit for a Planned Residential Development granted to
White Birch Construction, dated May 1.2, 1993 . This Modification
creates 6 new lots, with five new homes and was requested by
Cobblestone Crossing Realty Trust, 733 Turnpike Street, North
Andover, MA, on September 24 , 1993 . The parcel is 4 .77 acres in
size in a Residential-3 zone. 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 as it is an extension of the
existing Cobblestone Crossing subdivision.
B. The use as developed will not adversely affect the
neighborhood as this is an extension of an existing
subdivision.
C. There will be no nuisance or serious hazard to vehicles or
pedestrians.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
The Planning Board also makes findings under Section 8 . 5 of the
Zoning Bylaw that this PRD is in harmony with the general purpose
and intent of the Bylaw and that the PRD contains residential
development and open space in a variety to be sufficiently
advantageous to the Town and promotes the public health, safety,
and welfare of the citizens of the Town of North Andover. In
particular, the Planning Board finds that this project will:
A. Promote the more efficient use of land in harmony with its
natural features by preserving additional open space,
reducing the amount of clearing and excavation normally
associated with the construction of resi.dent1u.,;-.1, dwellings on
a site such as this;
B. Encourage the preservation of open space. The applicant has
provided greater than 35% of the total 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
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housing types.
The Planning Board also finds that a base density of 6 lots is
appropriate for the PRD. This number of lots has been determined
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: Conventional Concept I
Cobblestone Crossing Modification j
North Andover, Mass
Prepared by: Merrimack Engineering Services, Inc.
66 Park Street
Andover, MA
Dated: September 1993
Scale: 1" = 40 '
This decision is in addition to the Special Permit Approval for
Cobblestone Crossing dated May 12, 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:
Revised plans must be submitted which include the fifty
foot (501 ) no-cut buffer zone.
The applicant shall post (per agreement with the North
Andover Planning Board) a Performance Guarantee in the
amount of five thousand dollars ($5,000) 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 Performancc-_ r,>e ;urity as
described in Condition 3 (b) 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.
cf All designated open space parcels shall be retained by
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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. Revised documents to this effect must be
reviewed by the Planning Staff prior to endorsement.
c}� The trust created in Condition 1 (c) above must also
provide for the maintenance of the entrance way fence
and landscaping.
Restrictive Covenants must be recorded to insure that
the architectural style and materials of the proposed
structures are in accordance with the architectural
plans presented to the Planning Board, These plans are
described as follows: The Magnolia - "A" ; The Hickory
- "B" ; The Chestnut - "C" ; The Laurel "D" created for
Cobblestone Crossing at North Andover, by the Miquelle
- MZO Group.
f. 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. All deeds must be in conformance with this
deed.
2 . Prior to any clearing of the site:
a. Yellow "hazard" tape must be placed along the no-cut
/ buffer zone on all lots to be released. The placement
l/ of the tape will be viewed and approved by the Town
Planner.
b. Tree cutting shall be kept to a minimum throughout the
project to minimize erosion and preserve the natural
features of the site. The Town Planner must be
contacted prior to any cutting on site to review the
marked tree line. Efforts to protect trees on >:i_te
must be made.
3 . Prior to any lots being released from the statutory
covenants, the conditions outlined in the Cobblestone
Crossing Modification 11 Definitive Subdivision Conditional
Approval Modification must be 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
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be submitted to the ' Board for review.
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4 . Prior to FORM U verification (Building Permit Issuance) for
an individual lot , the conditions outlined in the
Cobblestone Crossing Modification 11 Definitive Subdivision
Conditional Approval must be followed.
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5. Prior to a Certificate of Occupancy being issued for an {
individual lot, the conditions outlined in the Cobblestone
Crossing Modification SS Definitive Subdivision Conditional
Approval must be followed.
6. Prior to the final release of security, the conditions
outlined in the Cobblestone Crossing Modification II
Definitive Subdivision Conditional Approval must be
followed.
7 . 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.
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b. Smoke alarms must be installed.
8 . This special permit approval shall be deemed to have lapsed
after ;/ d. � `,t"' (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 . 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.
10. This Special Permit approval is based upon the approval of a
Definitive Subdivision Plan Modification. The Special
Permit and Defi iAJ-',:i'v-P. Subdivision approvals are both based
upon the following plans:
a. Plans entitled: Modified Definitive Plan
Cobblestone Crossing
in North Andover, Mass,
Prepared for: Cobblestone Crossing Realty Trust
733 Turnpike Street
North Andover, MA 01845
Prepared by: Merrimack Engineering Services
66 Park Street
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Andover, Mass
Scale: 1" = 40 '
Dated: September, 1993 ; rev. 10/29/93
Sheets: 1 though 5
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Cobblestonell.PRD
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' Notice to AFPLICAWP Ivi{N CL1 { and o r
Subdiviei rtiticatio Actscn of Planting Board2047
k: on rie.t'initive on Plan Ana oar' "- n`of • i
Modified befinitive Plan Cohhie$tone Crossing r
Bjs Merrimack Engineering Services, '(nc,
{z :` dated September 2993
i The North
'Andover'
Planrdng Board has voted.to APPitM aaid
,+ following conditionsr` P
]ius
t subject to the
1. • That�tho'record os nera of the sub act.
a "covenant running with the land" ]and forthwith execute and record
' atr^;etion of whys and the installation ofhmunici se Fovide security for the con-
4.. div-'yiont a]1 as Provided by G.L. e. P services within said Bub-
4l", 3.
�. That all such non5truaZion and inst
conform to t}to gave allations ahal] P
i ruing rule* and re in all rea acts
B+rlations of this Board. t
That as required by the North Andover Hoard of
this Hoards nc building or other atruoturo shall Health in its report to
i., No. ea rhnwn on said built OrPlaced upon Lots .oonsent of said Hoard of Health. without the prior
r Other c
v rditi.onss
See Attached
si: r ha s��tbCOMY MIN y(2p F' �E etCnp#. '! �� � r
'a°°Pd` p
dr� r )ticys ,•�: !�r r F +' 1•„ , Jyt�f
T, rr'°ut . . o donrud
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f In the event that no a 6a1 ahall have been taken tram altid a
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tqjtwenty days'trom this date, the North Andover Planning award Pproval within i
thoreafter or�darse ite formal approval upon said plan. uforthwith ,;; - n,. wiFwYwwiFwY1FiFY # w * YiFwYYwY b
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NORTH PLA !t} BO
Datai November 2r 1993• !
Richard NardeY YG�
Notice to APPLICANT/IvwN CLERK and Certification of Actim of Planning Board
on Definitive Subdivision Plan entitled:
Modified Definitive Plan Cobblestone .,Crossing
By: Merrimack Engineering Services, Inc. dated September 1993 ! 19
The North Andover Planning Board has voted to APPROVE said plant subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant morning with the land"p or otherwise provide security for the con-
str-:ction of ways and the installation of municipal services within said sub-
div .3ion, all as provided by G.L. e. 4rt S. 81--U.
2. That all such construction and installations shall in all, respects
conform to the governing rules and regulations of this Board.
3. That* as required by the North Andover Board of Health in its report to E
this Board) no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4- Other conditions:
See Attached
s
rim
In the event that no appeal shall have been taken from said approval within
twenty days from this date+ the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plant for the following
reasons:
FORTH PLANNING BOARD
Date% November 2, 1993 By: Richard Nardella ChalrMja
FORM CDAV
APPLICATION FOR APPROVAL OF DEFIKTIVE PLAN �h/C ;. Lc
September 2 1493
To the Planning Board of the Town of North Andover:
The undersigned' being the applicant as defined under Chapter +411p Section
81—Ll for approval of a proposed subdivision shown on a plan entitled
Modified Definitive Plan Cobblestone Crossing
by Merrimack Engineering Services, Inc. dated
being land bounded as follows: North b; Cobblestone Crossing Realty Trust
East by land of Cahill and Cikacz; South by land of Pierro, Cham ion, Reill
and Trustees of Reservations; West by Chickering Road
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations 'of the North Andover Planning Board and makes application to the
Board for approval, of said plan.
Title Reference: North Essex Deedsg Book 1543 Page �; or
Certificate of Title No. Reg.stration Book , page ; or
Other:
Said plan has( ) has not(x ) evolved from a preliminary plan submitted to
the Board of and approved (with modifications) ( }
disapproved ( on �......._ 19 •
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andovert upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by—laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the setae. Said plank profA3,es, cross sections and construction
apecif•3cdta d"- are' specifically,r by' ��•; ., 1 :°.;��,;:�� in�o��pagated herein and made ,
a part of this application. This application and the covenants and agree—
agents herein shall be binding upon all heirsf executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
Received by Town Clerk:
Signature of Applicant
Date. Cobblestone Crossing Realty Trust
TiII1eS 733 Turnpike Street, North Andover, MA 01845
Signature: Address
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Cobblestone Crossing Modification II
Definitive Subdivision
Conditional Approval
The Planning Board herein approves this Modification to the
Subdivision Approval granted to Environeers, Inc. , dated May 12,
1993 and Modified on July 30, 1993 . This Modification creates 5
new lots, with five new homes and was requested by Cobblestone
Crossing Realty Trust, 733 Turnpike Street, North Andover, MA, on
September 24 , 1993 . The parcel is 4 . 77 acres in size in a
Residential - 3 District. The Planning Board makes the following
. f3 ndings as required by ,the Rules and Regulations Governing the
Subdivision of Land:
A. The Definitive Plans, dated September, 1993 ; rev. 10/29/93 ,
include all of the information indicated in Section 3 of the
Rules and Regulations concerning the procedure for the
submission of plans.
B. The Definitive Plan adheres to all of the design standards
as indicated in Section 7 of the Rules and Regulations.
C. The Definitive Plan is in conformance with the purpose and
intent of the Subdivision Control Law.
D. The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, town by-laws and insure the public health,
safety, and welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision j
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 comply with the Definitive Subdivision
Approval granted by the Planning Board for Cobblestone
Crossing dated May 12 , 1993 and modified July 30, 1993 in
addition to the following:
An updated construction schedule must be submitted as
part ,r=T �tht,., V�..3rs,,
A revised covenant (Form I) securing all new 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 43 (b) .
Vc. Revised right-of-way dedication easements for the
proposed roadway shall be prepared at the applicant' s
expense and provided to the Planning Office.
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The applicant must submit to the Town Planner a revised
FORM M for all utilities and easements placed on the
subdivision. The Board will sign the document and it
must be recorded at the Essex North Registry of Deeds.
2rr}}..�' Prior to the start of construction:
\� re
C�J he record plans must be endorsed by the Planning Board and
corded by the applicant at the Essex North Registry of
Deeds and a copy submitted to the Planning Office.
3 . Prior to any lots being released from the statutory
covenants the applicant shall comply with the Definitive
Subdivision Approval granted by the Planning Board for
Cobblestone Crossing dated May 12 , 1993 and modified July
30, 1993 in addition to the following:
�a. The applicant must submit a lot release FORM J to the
Planning Board for signature.
b. A Performance Security 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
iv. lot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii. site restoration
viii. final site cleanup
All proper documents and easements required through
Condition 1 shall be in place.
Trior to a .: FORM U verificat._i.(^,:%:•. Permit Issuance)
for an individual lot, the applicant shall comply with the
Definitive Subdivision Approval granted by the Planning
Board for Cobblestone Crossing dated May 12 , 1993 and
modified July 30, 1993 in addition to the following:
a. The applicant must submit to the Town Planner proof
that the revised FORM M referred to in . Condition 1(d)
above, was filed with the Registry of Deeds office.
b. Three (3) complete copies of plans and two (2) copies
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of all documents containing registry of deeds stamps
must be submitted to the Town Planner as proof of
filing.
5. Prior to a Certificate of occupancy being issued for an
individual lot, the applicant shall comply with the
Definitive Subdivision Approval granted by the Planning
Board for Cobblestone Crossing dated May 12 , 1993 and
modified July 30, 1993 in addition to the following:
a. The lot must be raked and seeded or sodded.
6. Prior to the final release of security retained for the site
by the Town, the applicant shall comply with the Definitive
Subdivision Approval granted by the Planning Board for
Cobblestone Crossing dated May 12,, 1993 and modified July
30, 1993 in addition to the following:
a. Two to two and one half inch caliper (2-2 . 511) street
trees are to be placed every fifty (501 ) feet along
both sides of all new roadways.
7 . The applicant must comply with the following Division of
Public Works requirements:
a. The size and invert elevation of existing drain at
Chickering Road and spot elevations or contour lines on
Parcel L downstream of the detention area discharge
must be shown.
b. The detention area must be in a drainage easement.
C. A 20 foot wide utility easement must be provided for
the existing and proposed water main on Parcel P
between Chickering Road and Copley Circle.
d. A 20 foot wide utility easement must be provided for
future water main extension on Parcel P between Copley
Circle and the rear property corner of #59 and #67
Cranberry Lane.
e. A new hydrant must be installed at the end of the cul-
de-sac.
f. A 10 foot separation must be maintained between sewer
and water mains between stations 104+15 and 105+75.
g. A complete set of signed plans and a copy of the
Planning Board decision must be on file at the Division
of Public Works prior to issuance of permits for
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connections to utilities.
8. 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. Definitive Subdivision Approval dated May 12 , 1993 , and
Modified July 30, 1993 .
b. Special Permit Approval dated May 12, 1993
C. Plans entitled: Modified Definitive Plan
Cobblestone Crossing
in North Andover, Mass.
Prepared for: Cobblestone Crossing Realty Trust
733 Turnpike Street
North Andover, Mass 01845
Prepared by: Merrimack Engineering Services
66 Park Street
Andover, MA 01845
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
CobblestoneII.Subd
4
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C6
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FORM L
REFERRAL FORM
Preliminary Plan
Definitive Subdivision
Special Permit
Site Plan Review
North Andover, Massachusetts
14
Suptt/Highway, Utilities & Operations
Director of Engineering & Administration
Fire Chief
. r
Conservation Commission
Inspector of Buildings
Board of Health
Police Chief
Planning Board
A Public' Hearing has been scheduled for ^�p.m. on
to discuss these plans. (Preliminary plans do not need public hearings.)
May we have your comments and recommendations concerning these plans ,
no later than LCA 11
Thank you,
Clerk, Planni, g Office
TOWN OF NORTH ANDOVER
MASSACHUSETTS
PLANNING BOARD
No :,.
APPLICATION FOR SPECIAL PERMIT �}
NOTICE: ' This application must be typewritten L,;
Applicant: Cobblestone Crossing Real Address: 733 Turnpike $t,^ IMNQ ='-Andover
Trust MA 01845 3 "'
1, Application is hereby made
(a) For a Special Permit under Section 8.5 , Paragraph 1-end .
of the Zoning Bylaw.
2 . (a) Premises affected are land X and buildings X
numbered 223 :Chi-ckerina 'Road MM.
(b) Premises affected are property with frontage on the
North South ' East X West side of
Street, known as No. 223 Chi ckeri ng_
Road .
(e) Premises affected are in Zoning District p_3 ; ' ar-I
the premises affected have an area of 4.77 Acres
and frontage of 407.87 feet.
3 . ownership:
(a) Name and Address of owner (if joint ownership, give all
names) :
Alfred and Elizabeth Arcidiacono j
Date of purchase 1980 Previous owner
(b) if applicant is not owner, check his interest in the
premises:
X Prospective purchaser
Leasee
Other (explain)
4 . Size of proposed building: 35 front: 25 feet deep
Height: 16 stories: 2 feet.
(a) Approximate date of erection 1993
(b) Occupancy or use (of each floor) Residential
(c) Type of construction Mood
5. Size of Existing Building: 50 feet front: 25feet deep
Height: 12 stories 16 feet.
(a) Approximate date of erection 1940
(b) occupancy or use' (of each floor) Residential
. 1
6. Has there been a previous application for a Special Permit
from the Planning Board on these premises? No but this site
If so, when to be combined with Cobblestone Cross�n' g pecial Permit Applied'
for/received in 1993.
7. Description of purpose for which Special Permit is sought on
this petition: Construct a Planned Residential Development
8. Deed recorded in the, Registry of Deeds in Book.' 1453 Page 86
or Land Court Certificate No. Book Page
9. The principal points upon which I . base may application are
as follows: (must be stated in detail) . Adjacent land approved
for a PRD - this is an extension of the previous; alternative to this is
to construct a roadway into the site from Route 125.
I agree to 'pay for advertising in newspaper and postage fee for
mailing legal notices to "Parties in rest" .
(Pet ti ner' s Signature)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be treated as •mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abutters, owners of
Land directly opposite on any public or private street or way and
abutters to the abutters within '-three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAMES ADDRESS
Add additional sheets if necessary
Any question should be directed to the Planning Office
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LIST OF PARTIES OF INTEREST
Co h ble Awe 'i q. &ce,/Alv
! P9 r-M r tc
SUBJECT PROPERTY. '
MAP IPARCEL ILOT NAME ADDRESS
P 1'e-ht1e�1,/�Gro-i. r'�i iCtLU/IU U5�1i Y1
ABUTTERS
MAP PARCEL LOT NAME ADDRESS
S r'S 4- e- M e� i GZ. ran ern rn� D!
ZIA Alf i 4elke- 7C I Gch r
+ d� a rru j�rYQ j r r-
170 nU d l C c i o 2 U' 1 e-
1 04t e i r
Aennie- U r' ✓
LD i S f f)ur� Grc ' G r
Yoh t Alr �4
JUW 6A155-
r 11;g r rep r
gq
ra C'h je e� V;/ .a Ve
71 -17 Pxanbarry leive.ka#U T 7 a ne N, over
7M Wqcat h..E e 6 r e tlP1
h � �fc�ire d
V
FARM D
DESIGNER ' S CERTIFICATE ;
September 23 19 93 j
TO THE PLANNING BOARD OF THE 'TOWN OF NORTH ANDOVER :
In preparing the plan entitled Modified Definitive Plan Cobblestone Crossing
I , hereby certify that the above named plan and accompanying data is true
and correct to the accuracy required by the current Rules and Regulation
Governing the Subdivision of Land in North Andover , Massachusetts , and
my source of information about the location of boundaries shown on said
plan were one or more of the following :
1 . Deed from —Previous to Alfred Arcidiacono
dated 1980 and recorded i-n the Essex No. 'Distric
Registry in Book 1453 Page 86
2 . Other plans , as follows
3. oral information furnished by
4 . Actual measurement on the around from a starting point established
by Merrimack Engineering Services
5 . Other Sources
sl
Si gned
Stephen a i ki R S
' ( Reg! stered Pro ss7 nall
(Seal of Engineer -''� t�c,.�k,� � � '. ngineer or
Surveyors ;, ` r x Registered Land Surveyor)
66 Park Street
� . Andover, MA 01810
Address