HomeMy WebLinkAbout1996-05-01 MODIFICATION to Def Subdivision Plan - SIDEWALK REMOVAL Town of North Andover RTH
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OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES _y
146 Main Street
North Andover, Massachuseta 0 1845 '?ATIE O�
SAC
PUBLIC BEARING NOTICE
NORTH.AND OVER PLANMNG BOARD
In accordance with the provisions of Chapter 8 1 T and 8 1- , M.G. ., the Planning Board will
hold a public hearing on Tuesday evening, June 4, 1996 at 7:30 p.r . in the Senior Center behind
the Town Building, on the application of Daniel Betty, JD P Development Co., Inc., 12 Rogers
Road Havertffll NU 0 18 3 5 for approval of a modification to a definitive subdivision plan entitled
WWte Birch Estates III by Christiansen& Sergi dated August 13, 1993, located northerly by
"to Birch 1, easterly by Hanson, southerly by Barker Realty Trust and westerly by Lawrence
Alco Realty Trust to remove the sidewalk from the plan.
A copy of the plan and application is on file in the Planning Board Office and may be
inspected Monday through Friday, 8:30 a.m. to 4:30 p.m.
Any person interested or wishing to be heard on the proposed plan, should appear at the
time and place designated.
Joseph V. Mahoney, Chairman
North Andover Planning Board
Publish: North Andover Citizen May 15 and May 22, 1996
Bill: Daniel Betty
JDP Development Co., Inc.
12 Rogers Road
Wardl-Ell MA.01835
Tel: 508-374-0034
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BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVAITON 688-9530 HEALTH 688-9540 PLANNING 689-9535
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FORM c
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APPLICATION FOR APPAL OF NI � P� 4 ' � '
.1-,4. ,�''.MlY��g1`�►k;��'� r,.,L. .lr44r
MA
314
To the Plawnunuing Board of the Town of North Andover:
The undersigned# being the applicant as defined unde rL. p r 41p Section
1.1 .for approval o ,a proposed. subdivision shown a p .=.-.ant .tle
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be land bounded d as ok ra• � �
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hereby wit a s4id p are as a DEFINITS +Pam,' i ,ac c ordahc a th the Rules and
egulationa of the North Andover 17 Board and makes application to the
Bawd for approval.. o said p .al � 04 .)
�144 ��
Title -Ref eree e• h Essex Deeds k 3 3 a North , � , Z?9 o
Certificate of Title No. eg stration,.Book page or
Other.
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Said plan has( has gnat( evolved from a prey plan submitted to
the Board of 19 and ,approved with modi .cat .o s'
disapproved on1.9
The undersigned hereby applies four .the approval of aa .d DEFINIT plan
by the Board, and in furtherance thereof .he.r b r agrees to abide by the Board's
Rulez and Regu at ions. The+und rai ed hereby further covenmts and agrees
with the Town of North Andover,, upon approval of said DEFINIT plan by the
............................ staff. utilities n accordance with the ations o the
plmtiii 1 11,11111 he Pu bes the Highway Surveyor the
Board o He .th, a U as wel,i as � �g % a said Town#
as are appl o the iasta. .at o ties�:Yi�7t� the its o
streets
�. let and construct the streets or .wvs and other i p is shown
thereon rda ice with Sections'.Xv aid-..V- of the eat i.ons..f
o the P1 Bo the. apse plant prof a cross
sections of the same. IS rofileal F'ta o e #s t ,o construction
speoifioatio s o. icy, .by r ce incorporated ber�' and made
a part s appi.cation.• 'This app4ct .o t h ed covenants ' Vie -cutr s herein shams. be binding upon �. heirst xeo trato s ,o
successors# grantees of the whole or part of said 1 and of th
undersigned; and ,
3. To complete s d �Lsta .at .o� and cons t "th� two (2) i
..
year e date hereof*
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Received by Town Clark:
guature of App cant
Date.
1e ne;?l
Time
Signature: �Lj /Z.
Address
Notice to AP L A /TOWN CLERK and Ge"rtifica#9n of Action of P1Board
on De tive Subdivision Plan entitled:
By* dated 1
The North Andover Planning Board s 'voted to AP RM said per subject to the
following conditions wy`�f ���'�Y,i •�K ,.*4, r*.1 `fir...7i ry .
1,
1. That the record owners of the. subj act. .:forthwith eidaute and record
a '"covenant running with-the. an ,. r.,ot rwis ,provid9a,se,cur:Lty,,,f or the cline'
struotion of ways and the in tallat o'n 'o au a e ry cea within' said sum- .
cuvisiont as provided by' ' L6 �U'#
2. That such construction and inat . - sal in respects
conform to the governing rules and re gul.ati '`,'this Bad f
3. That, as required by the North 'Andover Board of Health in i ,report to
this Board, no binding or other structure �. -�t placed upon Lots
o. as shown on 'said Plan without'the -prior
oonsent of said Board of Healthe
4* Other condit ox : `1•
In the event that no appeal shah. .•lave been taken from said approval. within
tie sty Ay from this date � -the Nosh,%Andover Board wit .,forthwith
thereafter endorse its formal apprqY46 upon -3A f per. !
The o Andover 1.� Board has- DISAPPROVED sated. lam for 'the oi..ng
reasons;
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NORTH ANDOVER PLAMN BA .
Bate: B
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY F
MAP ACL ILOT NAME ADDRESS
ABUTTERS
MAP 1PARCEL !LOT" INAME IADDRESS
610 95 Laic Ker Cartier 1
6 1.0 96 4 Charles C. Ormsb 6_4 White Birch Large
610 975 James & Debra Carter Ill CherJ-se Circle
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61. I . 99 Wills-am & Mary Burt 29 C 1 j `
61 1 1 � B ama � � � Char Laa Ci.nalei
610 1 101 i 9 Larry Dyer/ 1 Cherise CircleAellh Jt�-14(�
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LAW OFFICES
6X4�m aov4lel
NORTH ANDOVER,MASS lqs�V34
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VICTOR L, HATE I ;`� f r { C - H
ALSO ADMITTED IN N.H. FAX: (508) 8 -1 1
JOSEPH V. I AA"ONE PETER L. HATEM
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ALGO ADMITTED IN FLORIDA AND N.H.
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October 21, 1994
. Kathleen Bradley Colwell,
'down Planner
"own Hall
Main Street
North Andover, Mass . 01845
Re: White Birch 11
Dear Kathleen
Enclosed please find a certified copy of the Modification to
the Definitive Subdivision Approval,, relative to the above
captioned White Birch Ii .
Should you have any questions, please call.
Sincerely,
t
r Toy L. M
VLH:smr
Enclosure
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SK 4 5 4 P G3 9 8,
.notice to AFFLICMT T 14 CMX i` ion 0f Planmlng Ward
3 t Chri:.Bandon It Sergi dA ad AugUQ_1 3 --� L9 v r
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Tha 4for*,,h Indavor ?fig 3o _Wtod NQ APPROTS UK p1=1 vbjoct ;ro %ha
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at Apravide.
3tru tim -C 4fays Md Sho iw&Uxti= jer cii-` tbin .uid mb--
di Ti LU u roar d4d by G.L. : '41i. :" T.� _,.
That xUJ 3u�ah c=struatioa 4 i p
�rs��7:� ,3r 8 ai:t 3 Con
c orm to the .� iv . �*eg tiazur i� d: �
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That t az .wq ra the *rrth Andurvr`jouri`of health in Its reporn bw
this Boards w building or othatr ru*tura sh&U w Wit# t ?J.Ced a guts
Other o o t
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See attached.
In
the grout that appoa.l ah 1. � i Wd dal.'. .
W 1 row 100a dam#,*#1w .-$crr+yU Anduyvr, ?Wamlinux rd Yi ,lei h
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thereatter ndorie its foL ll "So 4&iA Am.
The North h Andovnr 1.aw ing 30W :saw ja�.d plan, ,for the 1
rmd3o,�y
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asap 7. Mahoney, Chalwan
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x BK .4545 PG 299
;µ white Birch H '
11m PWnnbg Board hatin a1 CrapNft to moify tab DdWfive SubdMdon kwm as Witt
to modify i of the eve Sub&W i� '�y[ja k
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F i �� � a '
win � 't ail. i�•� oa � Orck.
opp #on wss aLbEnied by DwW Bedy,JDP 12 Ro = +a .Vhnwl,MAy dmed .
I
<: chi Circle is a Soo, il4c�w wvidna a hey
2. A sidewalk its on V&te Bhvh Law wikh xpw*w CbWx Ck�k fivin Brwrord gtroeL
or
y Four ofthe six residenu on Chezix Circlo Witted ieltm to the Plarming E arl re e g that
aliC
the W b +
A,group of WV gees on the wwum We of Chor6 Ox*41 be pvwvad.
at�t the of Co�the� wM b � t the Town of orth
PHI: S. J
ow SWew&lk glad to be used to corebw Wawa&3 4wwknIn the T n whm da lmd
DD"*W'by the Wwri"Boud ad tbo DiNi"oMA&WorkL
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Prior to the Wvw of the firW xmufty held for the"bite Brach II�vC&WivWor�a '
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-�u�t�to e cost of coming tho -�rafi� by �Bo"rv�th �
V t from the'Division of fi Works mist be doted to the Town of oM Ardo r idewa1c
PU
Fund,
Above F fib`P o the orur�d }w.a agr a the WAive r
... vas the..' � rt � c ,
-. vnMan 6 f of the � �
ubdhiAm orAWarud ovAl for White girl 11 thavby
" e nrting the f wwnwdrk&"miUa on Chaise Cide in return for•domfion to the
Tom of North Andover Sidewalk Fund crq to the cat of the Via ,
V DIM=Of Pak W063
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From; :Aileen M, Taylor&Laurence E. Babb III t
21 Cerise Circle (10t6)
North Andover,MA 01845
To; JPD Development
P.O. Box 839
North Andover
As per your request, please feel free to use this letter to inform all interested parties that we
would not object to having a sidewalk installed on Cherlse Circle,
t is our understanding that the building of the sidewalk would require the tragic loss of several
white birch and grand old beech trees. We believe that the installation of a sidewalk for four
houses at-the end of a ul-de-sac is unnecessary and would seriously detract ftom the natural
Aesthetics of the-neighborhood.'
Very few new developments have the opportunity and foresight to save old large trees but
because JPD Development has had the wisdom to preserve all the trees that it could our little
cul-de-sac has been instantly transformed from a 'development' into a neighborhood. The
feeling that the large old trees give to the area is one of the main reasons that we purchased our
lot at White Birch Estates.
Since construction began on our house just 3 months ago, we have watched disease and high
winds have toppled three giant pines and the grandest of the old beech trees. Mature will take
down others no doubt, but it is our belief that it is unnecessary for this gorgeous neighborhood to
lose any more trees at the hand of man. We are a small group of four homes. What we would
gain with the addition of a sidewalk could never offset what we would lose, 'lease inform the
appropriate authorities they we most strongly urge Meru to leave Cher*ise Circle as is; we need
the trees, not the sidewalk.
Thank you for your consideration of our convictions and your support in preserving the natural
beauty of our neighborhood.
j
10 Februaty, 1996
JDP Development
c/o Mr. Dan Betty
Re: Sidewalk. and potential i.a•ce removal
Dear Mr. betty:
It has come to my attention that you are considering the addition of a
sidewalk along the border of my property [along Cherise Circle], and that,this may
require the removal of one of the large trees currently in the path of the envisioned
sidewalk. Please be advised that I am strongly opposed to the removal of any of the
trees on this property-- especially the large leech trees which I believe would be
affected. These frees are well over 50 years old and contribute significantly to the
environment of this area -- bath esthetically and ecologically. Their value to the
neighborhood far outweighs any perceived value of a few fast of sidewalk.
Please advise me an advance oi'any action you intend to take which might;
affect these trues in any way. Thank you for your cooperation in this matter.
Sincerely Yours
....................:.1--:11.11,..............................
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Dr. Charles C. Ormsby
64 White Birch Line
No. Aiidover, MA 0 184 5
(508) 682 8569
James K. and Debra M. Carter
m Telephone 08 794-8566
�
11 Cherise Circle
North Andover,MA 0184
March 1, 1996
Dan Betty
Scott Construction Coin an
Dear Dan:
Re: Sidewalk for C erise Circle
We have decided that we do not want the sidewalk since we will loose a beautiful birch
tree in the front yard that is close to the street. It would be great if the funds that would
have been used to complete the sidewalk could still be used in solue other way for the
neighborhood.
neighborhood sign 'White Birch Estates" could be placed at the entrance. Wild
flowers could be planted on the hill side of Lot 10 at the end of Cerise Circle which is
part of the open space. The satellite disk behind Lot 4 which Maybe in the open space
could be removed,
Thanks.
Debbie Carter
April 23, 1996
Mr. Dan Betty
Scott Construction
Dear Mr. Betty,
This letter will serve as notice to you and your company that as a new homeowner of White
Birch Estates (29 Cherise Circle), in Noilh Andover, we do not wish to have a sidewalk put
in on Cheri se Circle.
Thank you for you attention to this matter.
Sincerely,
William F Burt, Jr. Mary K. Burt