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HomeMy WebLinkAbout1993-10-13 Decisions DEF SUB 3 LFAWR REGISTRY OF DEEDS TEL No . 1--508 -688-4679 Dec 23 ,93 9 :04 No 002 r A r / 1 OW i 1 p I& ASSACECUSETTS 101 1� L rAMM. Any aPP981 0all 01thIn (20) days after the.dato of filing r of this Notice In the Office of the Town NOTICE OF DECISION Clerk. hm(Nkv of#A Yi1*4 d�C�t7 AlBd 4 0 0 9 a N 1 6 9 1 a W 4 4 0 6 A. a a a S e fa t efnb e r 21, 1993 Appo Dow ?A e Hearing 5, 1993 earin g a ■ ■ ! 1 r • . r ! ■ ! ■ ! a ■ ; ■ PetitPetition e Hillside ■ 1 t Trust- ion :;., . . , . . . . . • . ■ . . ■ . . ■ ■ ■ . ! . . . . . . ■ . . Premises affected �34��5Q��iillsic��lRQad■ ■ ■ ! r ! ! too r ■ + • ri • ■ ■ ! ! ■ ■ Referring to the above petition for a special permit from ` � � r the r�q u�tern ents of the . . ■North■ANdover ■zoning,EXIaw s- ■Section 4.125, *Paragraph 51 Allowed Uses BY Special I e vRii t �. so a$ to permit .t, *Qc s tructicn■of r l l r�ir�gl :*f n�.�ly*dw 1 . �� * ��its+in the � r Residential-6 zanin T)istrict • r ■ ♦ ♦ } i s ■ r r r s r ■ • • ♦ t r ■ ■ get ■ ■ r ■ • ■ / • �r ■ • ■ * ■ r ■ M r �r t * r ■ 1 r s ■ ■ * • * ► ♦ s I ♦ s w r * i ■ r'^ After a p►u.bl4e hearing given on the above date, the PlanningBo CONDITIONALLY �I'd VtJ�e� to i APPROVE♦ . i r * r r •the r . s ■ ■��ec��1■P�x,����.1.. w • r � • . . w . r r * w a s � ♦ r * ♦ ! r s r s +I r • got r s r r i w ��r based upon the following conditions cc; Director of Public Works ks SIgned Building Inspector �1�y �+y S Rieliard Nar'della' Chairman 4 O n S e r v a t i o n A d n 1 i n i s t•.I a t o I r r i k r F 46 r ■ ■ • ■ • ! i + 1 ! ■ r ■ r r ■ i • r f r ; • Health Agent � Assessors John simoais, Vice-chairman + + r r s ■ * r � s r t • • • • r ■ r s a r s a r r f s • * i ■ Police c1lief Fire Chief Joseph Mahone% Clerk ► r r ! ■ ! r � a ! * f r + ■ 1 ■ ! ■ a ! ! ► ! + r w ■ i . r Applicant. Engineer z�ic�rardc��� � + ! ■ ■ ! 1 ! I r ■ { r a i ! . ■ * a ■ r a ! ■ r f 1 ■ r r r r File � n LQYOS t d parties John DAghl ian, Associate Me�z►ije F LAWR REGISTRY OF DEEDS TEL N0 . .- 508-688-4679 Dec 23 ,93 9 :04 No . 002 P . 15 202 SPRCIAL PEMIT v RESIDENTIAL-6 ZONI ►G DISTRICT (R-6) The Planning Board herein approves the Special permit requested by Hi.11si.da Realty Trust, dated 8/19/93 in accordance with Sections 4. 125, 10* 3 and 10.. 31.. • The Planning Board makes the roll owing findings "'regarding this Special permit for the oonstruotion of 10 single family dwellings (13 lots) with a minimum 5, coo square font lot and minirium frontage of 75 Feet in a Residential-6 District. Three houses currently exist on�si.te, Two of the houses will remain on Lots 1 and 12 . The third house will be relocated to Lot 24 A* The specific site i s, an appropriate looat i.on for such` a use; 5$ 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. E. The appl.i.eation before use is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes the findings under Section 4 . 125 of the Zoning Bylaw that the proposed Residential.--6 development is in harmony with the general, purpose and intent of the Bylaw. The development is sufficiently advantageous to the mown and promotes the public health, safety and general welfare of the citizens of the Town of North Andover. 7 n particular. the Planning Board finds that this project will A. Promote the more efficient use of the land in harmony with its natural. features; fit. Encourage the ' preservation of the existing tree lane and provide for a oonservation easement; c. Permit greater flexibility and more diverse, e f f is ient, and economical design of residential developments * D. Facilitate economical and efficient provisions of utilities: Es Meet the Town 's housing needs by promoting d i f fe rent types of housing which is a banefit to the residents of North Andover, F+ Conform to the overall intent of the R-6 District concerning the lot design, road layout and other site features. In addition, the Planning Board finds that even though this parcel contains only 2 + 3 acres, it meets the L'AWR REGISTRY OF DEEDS TEL No . 1-508-688-4679 Dec 23 P 93 9 _04 No . 002 F . 16 standards of the R- 6 district because the design fits the overall master plan for t�je contiguous property in the Rvw6 district* . Finally, the Planning Board finds that the R"6 complies with the Zoning Bylaw requirements so long as the following additional conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the R4-6 as specified in this special Permit application, the Planning Board herein grants this approval provided the following cond'tsons are met: 1. The proposed 13 lots are shown in accordance with a 2 . 33 acre minimum of -contiguous parcel of land in single ownership/consolidated ownership. A variance granted by the North Andover zoning Board of Appeals permits this development on the reduced minimum acreage requirement of 3 acres. 2 ,, Prior to Endorsement of the Plans by the Planning Board, the . applicant shall adhere to the following* a, The applicant shall post a bond in the amount of $10,000 to be held by the Town of North Andover. The Guarantee shall be in the form of a oheck made out to the mown of North Andover which will be deposited in an interest bearing 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 ether 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 Pl.annincj Broardt be rolled over to cover other bonding considerations, be released .in full or partially retained in accordance with the reoommendat ion of the Planning staff as directed by the vote of the North Andover Planning Board. b,, A complete construction schedule shall be given to the Town Planner for review and approval . This schedule should include the sewer and drainage lines and all Utilities which will require openings in any existing roadway for tie- ins. This schedule is part of this decision. 081 covenants shall be recorded to insure that the architectural style of the proposed dwellings shall be uniform In Design (two story/attached garage) . d,o A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material . r r a a `-204 , The developer will consult with the Tree Warden pertaining to specific types. 3 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Meadowood II Definitive Subdivision conditional Approval, must be followed. 4 + Prior to PORM U verification for an individual lot, the conditions outlined in the Meadowood I l Definitive Subdivision Conditional Approval must be followed. In addition; a. Proof of recorded easements on al 'Individual lots, as noted in Condition # 8 . shall be provided to the Planning Board. 50 Prier to a Certificate of occupancy being issued for an. individual lot, the conditions outlined in the Meadowood I i Definitive Subdivision Conditional Approval must be ` followed. In addit1on# a. Prior to occupancy of Lots 6 and 7 t a mix of 101 evergreens and pines must be planted 8 ' apart along the boundary of the Kohl, property. b+ The site shall be continuously reviewed by the. Planning Board/Staff. Any additional screening as may be reasonably required by the Planning Board shall be added at the applicants expense. c. All disturbed areas on the lot in question shall be suitably stabilized d. All site amenities associated with the lot in question shall, be installed. (i.e. fences, landaeaping, walkway and drives. ) 6 .6 Prior to the final release of security, the conditions outlined in the Meadowood II Definitive subdivision ` Conditional. Approval must be followed. 7 . A complete set of signed plans, a copy of the Planning Board decision and a copy of the Conservation Commission order of Conditions must be on file at the Division of Public Works prior to issuance of permits for connection to util.,it.jes. 8 . The applicant shall adhere to the following requirements of the Fire Department* a. All proposed 'structures are to contain residential fire sprinkler systems in conformance with the North Andover Fire Department LAMP PEG I S,TRY OF DEEDS TEL No . 1--508-688-4679 Dec 23 , 93 9 : 04 No .002 P , 18 p 205 9 . Any tree cutting shall be kept to a minimum throughout the ro j ect in order to minimize eras i.on and preserve the �' form natural features o f the site. The developer shall i n the Town Planner when tree, cutting is to occur r l0. Any action by a ' Town Board,, Commission or Department which requires changes in the roadway alignment, drainage facilities, grading or no cut 1 ines, may be subject to modification by the Planning Board 11 s The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control . 12 . All construction shall commence within two (2) years from the date of this approval , , 1995 and shall be completed within five (5) years from the date of this approval,, �`" � ,�, 1998 . If construction has not been commenced or completed within the speo i f ied t i Tne frame the . Planning Board reserves the right to rescind this approval. 13 & The Planning Board considers this roadway to meet the definition of a Minor Street as found in the Rules and Regulations Governing the Subdivision of Land, Revised 1989, 14 * The following information shall be considered as part of this decision•. Plans Entitled: Special. Permit and Definitive Subdivision Plan* Meadowood II, North Andover, MA Dated: July 1993 Scale: 40 ; Sheets: One through Six (1-6) Prepared By: Merrimack Engineering services 66 Park Street Andover, MA 01810 'Booklet: Statement of Environmental Impact Meadowood Il North Andover, Massachusetts August 1993 Prepared By; Merrimack Engineering services 66 Park Street Andover, MA 01810 Board of Appeals Decision Hillside Realty Trust ' r r LAILIR REGISTRY OF DEEDS TEL Nc . 1-508-688- 46?9 Dec 23 , 93 9 :04 ��lc . 002 P . 19 R 733 Turnpike Street, suito 209 North Andover, MA 01845 dated .Juiy 14 , 1993 cc: Director of Public Works Building Inspector .f Conservation Administrator Health Administrator Assessors Police Chief Fire Chief Applicant Engineer File ng i neer • e i eadowood I 1#PRD .ICJ �,_ � •� f� 2 = 1 L �• V �rrr ate. Mae . 0 16 � g%o-- ate ' I I i l TOWN OF NORTH AN DO VER HAS SAC HU S FTT S µORTir 0 Any appeal sha-H d w i t h i n (2 0) fci c( '/ k •i '^ date of Oiw a■e ri+i�w.r■ � filing of CH in the off ice. . Clerk. NOTICE Of DECISION Date Dctober a13a,aa 1 J 939 • » ■ ■ • ■ ■ • ■ • ■ • S eptember 21, 1993 Date of Hearing October« 5«,« 193• ■ aH ills Ode «Realty aTrust Petition of . • ■ • ■ ■ • ■ a ■ ■ • ■ • . • • ■ • ■ ■ • • ■ ■ ■ ■ • + • ■ ■ ■ ■ ■ • • ■ ■ ■ . a • Premises affected , •? 4:25o aHillside ,Roads . . . . ■ • ■ , ■ . • . • . . . . . . . • a ■ ■ ■ ■ a ■ • ■ ■ • • ■ ■ Referring to the above petition for a special permit from the requirements Of the North Andover +Zoning •Bylaw «: ■Section «2.a30 a•1 « . ■ * SooCommon 'Driveway ■ ■ • • ■ . « . the construction of a common driveway to service Lots 12 and 13 soas to permit ■ . . . . . » » • ■ • , ■ . , , . . • . • • . . , . • . ■ . ■ . . . • • • ■ . . ■ ■ ■ , ■ ! . . . . ■ . . • . • • . ■ . . , on Hillside Road, known as 250 Hillside Road. After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to .APPRQ'L E . . . . . . . •the . . ■S ec`al aPermit . . . . . . . ■ . . . . . . . . . . ■ . . . . . . a . . . . . . . . • . . . ■ based upon the following conditions cc: Director of Public Works Building Inspector Conservation Administrator Health Agent _k � Richard Nardella, Chairman 4�- Assessors • a ■ a • ■ • . . . ■ . . , . . • . • . . • ■ . , . . . • . 4a Police Chief John Simons, Vice Chairman Fire Chief a . , . . . . . . . . • . . . . , . • . , ■ . . . . . . . . . . Applicant Joseph Mahoney, Clerk Engineer ■ a • • ■ , a ■ a ■ ■ ■ ■ s ■ a ■ ■ a • a ■ ■ ■ a Sagas a • File Richard Rowen Interested Parties be • • ■ ■ a s ■ Sea • ■ • • • • • ■ s ■ gas a • ■ • a ■ a John Daghlian, Associate Member a ■ a ■ a a ■ a ■ a a a a ■ a a ■ ■ ■ a a • "Planning Board r ff F ' LOTS 12 & 13 HILLSIDE ROAD SPECIAL PERMIT COMMON DRIVEWAY The Planning Board makes the following findings regarding the application of Hillside Realty Trust, P.O. Box 5700, North Andover, Ma requesting a Special Permit under Section 2 . 30 . 1 of the North Andover Zoning Bylaw for the construction of a common driveway to access Lots 12 and 13 located at Hillside Road. FINDING OF FACTS: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by this common drive. 2 . The specific location of the common driveway is appropriate due to its location. 3 . The design and location will not adversely affect the neighborhood. 4 . Adequate standards have been placed on the design which will meet public health and safety concerns. 5 . The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application before us. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North essex Registry of Deeds. SPECIAL CONDITIONS 1. Prior to FORM U verification (Building Permit issuance) being for the proposed dwelling, a. Easements pertaining to the rights of access for driveways between the lots involved shall be filed with the Registry of Deeds. b. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission, and the Department of Public Forks. 2 . Prior to a Certificate of occupancy being issued for either dwelling, a. The applicant shall place a stone bollard at the entry to the common drive of Hillside Road. This stone bollard shall have the street numbers of both houses, engraved on all four sides of the stone. The L dimensions of the stone shall be- as follows: 8" x 8" x 7211 . The stone shall have 48" exposed and 24" buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for the purpose of public safety. b. The access drive shall be paved for its entire length. This shall include any turnoff for the existing house. C. The proposed dwelling shall have a residential fire sprinkler system installed in accordance with the provisions of Standard 13D, N. F. P.A. . 3 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4 . Gas, telephone, cable and electric utilities shall be installed as specified by the respective utility companies. 5. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 6. No open burning shall be done except as is permitted during burning season under the Fire Department regulations . 7 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8 . The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control . 9 . This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on Cc.-(:)--?ea=�C *� 10 . The following plans shall be deemed as part of this decision. Plans Entitled: Special Permit and Definitive Subdivision Plan. Meadowood II , North Andover, MA. Dated: July 1993 Scale: 1" 40 ' Sheets: one through Six (1-6) Prepared By: Merrimack Engineering Services 66 Park Street Andover, MA 01810 a cc: Director of Public Works Building Inspector Health Agent Assessors Conservation Administrator Police Chief Fire Chief Applicant Engineer File 0 is ...•:�.r . --'f•• ... .. - Ir 193 ftti cO tO APPLICA /TOM CM 04 Cartit cation of Board do Deri tw a st a3 Vivja n Plan entitled$ 5p cial P6rmit:and.Def;Lnitfve Byl Merrimack Engi.neeri .Serve ce4 ;.Inc, rz%i2lix.199,3 .do '� 9 Th*'North AndoyetTloudAg Uoa .hag Vtdd. to :88dd PlAW9 Mobjeat to the following.:c6ndition r 1, That the rq§cdr4­o*fttr6•af'the oubje lid forthwith a to and racy ° a "oovenant rig with that land"ax or athe�° ae p�,dg a�8c�ty-'for the aonlw ottiretion of 'Ways and the instaUatian of:jjr tw Rau sti'ois 2, That all such canstr'uct atk aW Instd.lationg Wm13. in, respects dorm to the governing m1as :d regaUt x of"this..Board.. 3, Th Rt$ u r ya . the North Pl of R* th:in its report this Board, no building or gtr t bO Wilt Or PlAc u Loto Not MSSIUM" " Wwll� an a Plate.. t t:-the �r convent of said8 o f Q -41 A T + r . SEE ATTACHE® f • .�, Y ,� l"l¢ . 2; 1 have�jasad�rp�r1 q� {�'° '4,ff rM xn t.. -_o a ,4hdl hm::` a .taken'I .asap aproval �. the n � it'sft ►• p p � woo T9 aswww 40 NEW 194 Def int condition l Approval The i annq axe , ion: ..t i „ Malt t 1993, The Planning Board makes following fin' i- y 'Ruleslatt • Governing thy.s ',i i i n`'o . nd � The Def i tiVo' ,PL ns­, aced Ju1Y 1993 include all o the info �► indi6 to in section .. „ o the Rules : and Regulations conc+'r inc the procedure for the submission of � Mans. B4 The 'finitiVe Plan adhere to all of the design standards ''as indicated in Section 7, o . the Rules and Regulations. , . The De'f i ni t ive 01an' Is irate nt o the Subdivision Control . e The Def initive Plan complies with all o fthe,review comments submitted by',,,,-various town departments in order to comply with state lair, town -laws and insure the public health, safety, and, welfare of the town. rinai,iy, the :Plann ng Board finds that the Definitive Subdivision o m l.i with Town .;D 1 w requirements .so long as the' follow ng conditions are complied with: e l., Prior to endorsement of the plans by the .Vlann.," Board the applicant shall adhere to the llo in, w . The, applicant must meet with t 'own Planner in order to 'ensure, that the » pNlan conform with the Beard 4 decision. o. A covenant (Form securing all lots within the u bdiv i ibn' ok "th ohatruotion o end un of al y " services mrust be submitted to t Planning o rd� aid p lots „�+ 1 � dd tv „d :. i , c,ur-ity as requested in Condition #3(o) . dol Right of way dedication easements for the proposed roadway shall be prepared at the applicant 's expense ,.. and provided to the Planning Office. e a lion t t suit to t�" n ,dawn Planner a F + . • + x w w [ a .F . , „ „ w p ... ......... for all utilities and easements placed on the Subdivision� -The.:: 8d:a�rd:.'�i�:l>':•:���.� ='the da�ta�e�t and it Must he recorded:,�t ���::����� A�or ��c�istr�, of Deeds g. -AU draknage¢ -wa er' arid: r�ewa40'''Iac;fjjty designs shall be approved by, trio M6kth''Aaidbvdj�"":OiV.isionn of Public Works. ntruProvisions, for' Witter istiaticn shall he included in the design and shorn o,n the construction schedule required :ih: C16nditi6­in 1 0)), go All- conditions l isted herein which shall require action y the a lica nt :•after "thdo]rsa'er�t� shall he pla�eed on the final sheet of the: Rec.okd Plans which will be presented for endcrsi meni� by' thie` Planning Board, o All application. fees Must be paid in full and verified by the Town planner. f e -A detailed a'treet tree: planting list shall be 'prepared l a stir edi fic material to be Psod. h 43 shall .and .cat® qua nti-tlr ,and dine of '11 p sposed material and shall be approved by the Tree Warden ail douehts shall be , prepared at the expense of the applid4ht, ais required bL the Planrai�e�. �a�rd Rules and Regulations Governing-the SuhdiViaio"n OfV`Und`a Endorsement of the plans is prOof of matisfaction of the abOVe d6nd it ions e 21 Prior to the start of construction: A The.record playas 'must be• endued .hY.the P loaning Ooa rd and recorded 'by the appl cant at 'the E'ssex Korth Registry of Deeds. b. A, atop sign must beL plated at the nte 'ection of Buckland,aid:• ill =i 46 Raad:e:. 3* Prior to any lots bei nq' released fropt the statutory covena' : a• All site erasion control mea.sur" required to pratect Mfg side p ®perties from the df fects of work on the lot proposed to be released must he in place-0 The Tdwh planhIng Staff shal l'J udge whether the applicant has satisfied the requireMents of this provision prior to each lot release. bo The. t Must &UbMjt' & lCt .release � j to the Pla na ng ' &rd fo'L �l 'at%% a c ePerkormance security in an aNcuAt ,tag be determined by 2 r. • w k • Vyy i S• C ;e ... .•.,•ry,�� .•.•� .wiam r+ ................. -. ". .. ...... •# F..!'m•nq r.,ar rrs•+a..r.�. i'.�Y,m •! ' z.. ...... :. ........ .... + y .,�..�.•.��.T.�---'.it 'rsi-. a• i .. •j. �r,.. .•S...' } " q � t 151 Planning.. Bostr(l : upon the,: irecommendation of the Depart nt .9f .:Pubj,ic Work be•posted to ensure71. core l.etio' n of the work, in accordance with the Plans p _ app,pgyod-_,a m..'..part of- this conditional.:,approval. Items ' C0Ver'Gd .0y:•'the Bond may include, but shall not be limited to: r i i. as-built 4rawin s its sewers and utilities ii i. roadway construction and maintenance . . iV6 lot. and site erosion oontrol t v. site- screening and street' trees �i.. drainage facilitiesv i i•e s it"e restoration vii,i, final site cleanup d All proper documents and 'easements required through g condition .I shall.be in.place 1 drainage facilities shall . be- 'onstructed and . erosion controlled prior to any lot release, , .4 r r a PP RK U.- veri f ioat ion: (Bu ldinq.'permit Issuance) fo ' '4kn individual lot, the following..informatian:-is required . 1. Ir I b�'the']PZ'nni,ng.' Departmdnt: .. s a .Thq' app. icant must submit to the T"o In '.Planner proof that the FORM M referred to in: .Condition :1(e) above, was filed with the Registry of Deeds office. t ' b. Three (3) complete copies of plans and two (2) copies f of.: alb.: 4acumonts.: containing; registry" of deeds stamps rust be stabm'ftted to the Town planner as proof of filing. r ca plat pjan,.';for the lot �n -question •must be.::submitted, wh i�:h shc�wa...a ll of the,'f o11 o_..rag i location of.the:."struoture..,. ii. location of the driveways, 1orwa%t jon of the tept is .systems if. applicable, iv 6 location of.:all stater and sewer lines, V. location. of -wetlands and any.-: site Improvements xe.quired ;under.-a:NACC order of condition, vie: any grading cal led ..for on the lot, and vii. all required zoning setbackso , o All:-. approprx'Ate. erosion :control:.:�easures f©r the let shall be in•::'p�,ace;. Final detorminatfon of appropriate measures shall be made by the Planning Board or Staff. ea All catch basins shall be protected and maintained with 3 01 L . 3 197 ' bales tQ prevent ailtatiQn,m I � rcto , u0 n,a 1.. a r t be posted visible" roa lots ibr to a certifi to of occcy be i Ian for an ivid.uali. lot,, hall required, 9 The roadway must be co 4t ucted to at-least. bindek coat of pavem6 t to properly access the lot in question, m Prior to cohst ructio�� of • binder,coat, �� applicant ,. 1 erasure that all required i inspection and testing o f waters sewer, and drainage f Aci1ities has been Completed, The applicant must submit to the Town � Planner n interim as-built, certif i d by professional eng*ne0r, verifying that ail utilities have been installed in accordance W.Ith the plans and rfie sheet, g 'All neoess 1 �.. the lot i question shah a 6bt ine �rb forth �dover Board Permanent se nu­bers.must d ot dwellings and' e visible From the road,. All 810pes, on the lot in q4estion shall, be p o ri r stabilized, as Judged by tie Planning Staff,. There 11 be no placed where stone bound ". i � ire be setit 'shall be -the ' � �� . spq pi il.i y to assure the proper plaqeigent of the 'driVe'Wayg regardless of whether individual lots are sold. The Flaming Board requires andriveway to be moved, t the owners expense if such driveway i ' ton Position. The Plonn,ing Board reserves,� the right review the ite after S r i s comple .e., require Ae screaming as necessary and reasonable. i .rO'f 0 110wing. ecuri sha 11'y retaiby Tow I p# thebi n a,pplican,td, conleted the a An As,-bujlt­pion, and ,. profile of the site shall be submitted for ri aril approval, shaii POtiticn TOwn Veatingfor public 4c08PtaAcQ Of the sItrests. ri 6r' VArrant for such :t i " - , w 7 ?..... .... - i 'AI '•!•. -..;*�i•}i,c�ir�1�2�::3�jcse:-ieia'.::.r .. ,. ''• � - A' ttt �u di ti ion h Z.. r r i .w-d.. ...... k with the Town : Planner &gad Depart*etkt...of P�i ic T�nrksd The Planning • Board shall ho'Id a •.portion of--the subdivision bond for � ntihued aii Lena ce and � n .: ntia such time as Town Meeting has accepted' (Qr rojected in favor of private ownership) the roAdways.• ..It'- shall -be the' developer's respoMsibility to insure. that all proper- easements -have'been 'recordted at the Registry of Deeds. The Town Planner, shall, ensurethat all planning, Consdr'Va, tioh co Mission, Board of' Health and Division s of Public• Work r;equireme�ts are satisfied and that i construction -was in strict compliance with all approved plans and conditions. 1 • �3a Monumants shall be .set. on the exterior street line as required by 'Section 7'(P)' of''the'' Subdivision Rules and A gulations. 7 a Two to twa and one half .inch .caliper..-:(2-2.5" _street street trees are to be �1 aced Every'.f i fitly (5 01.)' feet along bath sides of all'near roadways so- The developer, gust comply with the requirements of the F Divi's ion''of'P.ubl is Works d j a•• The drainage on Lot 1 is too close to the property line and mast r010cate � bo The proposed water main aunt parallel the. proposed . --tin 9 0 � bd at Lo t6. Arswsr ofirin� sa. _ hydraqt must be installed-''at-t a 0nd f tho pate ] sin, ; j before the proposed all gaffe valve. f f c,* Test pits dust be conducted: mt each of, the proposed groundwater tank locations. :The data rust be reviewed by the Division of Public Warks'and the Planning Staff. .If the test pits are not favorable, the developer must work with the Division of Public! Works and the Planning "�taf f t6wArrds a resoluti,oaj, sewer service connections. must be., installed to the = property line at all dkisti hO h� s �t� :�I ill side Road., Olt The sewer extension will be sub jedt.to' the.policies of the Division of 1�ublio Wor)Cs re�ard'log mitigation of " groundwater inf i ltrati'.- - into the eki.eting severs. f The applicant Faust tie, into the. Alcott Village Pump Station: :Town Planner wi *1 revie any sic ins ut f?feed for this - i . - i a e .. pro j€act r The appl ipant i,e�zxst obta0f n a s . n permit as Of -eqUired-0y oopt.40.h�:� Bylaw plah.A.t n .ng Board win. 166 iew :any entrance.-:•dt"cturea 10. the applicant shal l'adhere to the- f6l lowing requirements of the rare Department a. Open burning is allowed by, petmit only after ; consultation with :the Fire Depar nt b b• Underground fuel storag W111 he allowed in confdrMance Frith the 'own BYlaws and state Statute And o'nlY with the review and approval of the Fire Department and Conservation Commission. 1 .. The applicant must comply with the Vhas-ed Development Bylaw Section 4.2 of the Town of Korth-:Anoeronin qYiawe , 12: There shall be no burying or dumVing of construction material on site. l3: 'Th6 Contractor shall contact Dig Safe at least 7 o - -toh urs Pryorcoenoi. anY excavation. 14. Gas, Telephoner Casale and Electric utilities shall be iniita'l led 'as• peei:f ied by the respe tiv . utility o0 15. Any action by a Town Board, -Commission, or Department which requires changes in the roadwayalignment a Placer ent of any easements or utili.ties,p drainage faef litiee, grading or no cut -lines, may. be 'subject to modificat3.on by the Planning Board. 1 � We to the small lot Gize's that are allowed under t zone, the. followi' ivers have been granted by the Planning Board: ao Section 7(A) (2)'(a) 4()a •Right�df-Way. in lieu ®f the � r` ugred b. Section 7(A)(i)(h); Minimum centerline 'radius shall be r6duged- to instead of 'the required 1501, Section 7(B)(4) Pavement width shall be reduced to 2.4 ° iAOtaad Of 24 Y with a bitu ax®us n�rete c PP cad berm, r. d section 7(d)(1)s Sidewalk will be constructed with a width of 41 instaad of sps Section 7 The coil.-de-baa trn4rnd will be ti w f ! f p + . . constructsd with a, diemeter of 85 f4et Angste�►d'..of tea required 10 feet v 17e The propose, sidewalk within the ' 'subdivision shall be , extended down to the and of the -temporary cul-de-sacs # ' 116! 4 complete oet of 'ighed' piano ar copy, of the Planning Boards decision and a copy of the Conservatioh commission :. Order of Condit-ions must bb on at the Division of Public Works prior to issuance of,pdrmirts for connections to utilities. 19, This Definitive Subdivision-approval is based,upon a:Special Permit granted in, ACC®rdaina�e Vi.th SOction: 4.�.���..i�.3 and •. plpc }th6.'Ilo�rsth-Art{dOVept�'--Zc$ninq Byl a►y�+t },-Theyy Special j ]Permit and Definitive subdivis ion i��7�7i r Ova is are both based upon the folla� +inc pans a .. " I a. Plans entitled: Special Pqrmft. ..arcc� .. Definitive• , # r subdivis c� s PlAr�. eaao ood l Noi th' ndov' er, AA. Dated; duly,1993 t Sheets One''through six. 1--6 3 Prepake'd by: Ierrimack En' ineering services Inc. 66 park Street Andover, MA 01810 ha Zook-let;. statement of Envirohmen.ta1 Impact Meadow' od 11 Deve'l opment ; y North Andover, MA Prepared By: Merrimack Engineering Services Inc 4 66pa rk street : Andover, MA 01810 Dated: August 1993 ca Board of A1� iioa� Hillsidd- eAlty trust 733 Turnpike Street, Suite 209 N -h..A doves Dated: duly .4p 1393 cc* Conservation Administrator Director of: Pull is Works .• '. ® th Administrator 1$x3tjding Ynspector r P611ce Chief -Tire .Chief Assessor Applicant .Engineer File maadow v sub 7 Notice to APPLICANT/TON CLERK and Certification of Action of Plaming Board on Def3.ni.tive Subdivision Plan entitled: Special Permit and Definitive w II-,- North ANdoverf MAssachusetts By; Merrimack Engineering Services Inc. dated July 1993 � 19 ..._. The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the cori- st rzi c tion of mays and the installation' of municipal services within said sub-- di Sion,, all as provided by G.L. c. 41., S. 81. U. 2. That all such construction and insta3.7.ations')§hall 1n, 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 this Boards 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 rn k 00 w r MAD In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Plft 4 Ift ow Board will forthwith thereafter endorse its formal approval upon eaid plan. eq NORTH 0, P NG BoPs ARI? Date: october 5., 1993 By: Richard A. Nardella, Chairman ,,,..�:- ...m FORM C APPLICATION FOR APPROVAL OF DEF1N'IT PLANT -_ Luw5t 17 z 19 23� To the P Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81owL, for approval of a proposed subdivision shown on a plan entitled Spec,a l Permit and Definitive Plan, Meadowood I I, North Andover, Massachusetts b Merrimack Engineering Services, Inc. dated Jul 1993 be land bounded as follows: Wester, b ..Hillside Road N L r b ]aUj Beaudoin and vai 1 i ere Easter, b l and of Kohl and.An o a d S2Utb�Lly.ly,-- OXEWMNWOWN�land of An na oro hereby submits said plan as a INIT plan in accordance with the Rules and Regulations of the North Andover P 1 Board and makes application to the Board for approval of said plan. 979 206 2358 29 Title Reference: North Essex Deeds, Book 852 Page 310 ; or Certificate of Title No. Registration Book ,� page ; or Other: Said plan has( has not(X) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) � } disapproved on dom f 19 ,. The undersigned hereby applies for the approval of said DEFINITIQE plan by the Board, and in furtherance thereof hereby agrees to abide by the Boards s Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install. utilities in accordance with the rules and regulations of the Pl Board, the Public Forks Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by--lags of said Town, as are applicable to the installation of utilities within the ]wimi,ts of ways and streets; 2. To complete and construct the streets or wars and other improvements shown thereon in accordance with Sections Iv and v of the Rules and Regulations of the PlUmin Board and the approved DEFINIT plan, profiles and cross sections of the same. Said plan, profiles,, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ,`�7meftr&hoer ei ' the-b& �. ' p"t�'� .�.`,'Eel I d successors, grantees of the whole or part of said land, and ass, ;7 undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof* Received by Town Clerk: Date: Signature of Appli c ant P.O. Box 5700 Time: North Andover, MA 01845 . Signature: Address ti x Meadowood II Definitive Subdivision Conditional Approval The Planning Board herein approves the 13 lot Definitive Subdivision requested by Hillside Realty Trust, dated August 19 , 1993 . The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated July 1993 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 complies with Town Bylaw requirements so long as the following conditions are complied with: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board' s decision. A detailed construction schedule must be submitted as part of the plans. (See Special Permit) c. A covenant (Form I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition #3 (c) . d.. Right of way dedication easements for the proposed roadway shall be prepared at the applicant ' s expense and provided to the Planning office. e. The applicant must submit to the Town Planner a FORM M 1 F 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. f. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1 (b) . g. All conditions listed herein which shall require action by the applicant after endorsement, shall be placed on the final sheet of the Record Plans which will be presented for endorsement by the Planning Board. h. All application fees must be paid in full and verified by the Town Planner. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material and shall be approved by the Tree warden. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: a. The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. A stop sign must be placed at the intersection of Buckland and Hillside Road. 3. Prior to any lots being released from the statutory covenants: a, All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall judge whether the applicant has satisfied the requirements of this provision prior to each lot release. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security in an amount to be determined by 2 3 4 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. f. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1 (b) . g. All conditions listed herein which shall require action by the applicant after endorsement, shall be placed on the final sheet of the Record Plans which will be presented for endorsement by the Planning Board. h. All application fees must be paid in full and verified by the Town Planner. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material and shall be approved by the Tree Warden. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: a. The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. A stop sign must be placed at the intersection of Buckland and Hillside Road. 3 . Prior to any lots being released from the statutory covenants: a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall judge whether the applicant has satisfied the requirements of this provision prior to each lot release. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security in an amount to be determined by 2 a E 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 v11 site screening and street trees vi. drainage facilities vii. site restoration viii. final site cleanup d. All proper documents and easements required through Condition 1 shall be in place. e. All drainage facilities shall be constructed and erosion controlled prior to any lot release. 4 . Prior to a FORM U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: a. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition 1 (e) above, was filed with the Registry of Deeds office. b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as proof of filing. c. A plot plan for the lot in question must be submitted, which shows all of the following: i. location of the structure, ii, location of the driveways, iii. location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, and vii. all required zoning setbacks. d. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. e. All catch basins shall be protected and maintained with 3 '� E C , 1 hay bales to prevent siltation into the drain lines during construction. f. Lot numbers, visible from the roadways must be posted on all lots. 5. Prior to a Certificate of occupancy being issued 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 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 Commission. c, Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question shall be properly stabilized, as judged by the Planning Staff. e. There shall be no driveways placed where stone bound W monuments and/or catch basins are to be set. It shall be the developer' s responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. f. The Planning Board reserves the right to review the site after construction is complete and require added site screening as -necessary and reasonable. 6. 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 for review and approval . b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a warrant for such petition the applicant shall review 4 L f 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» c. The Town Planner shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d. Monuments shall be set on the exterior street line as required by Section 7 (P) of the Subdivision Rules and Regulations. 7 . Two to two and one half inch caliper (2-2 . 511) street trees are to be placed every fifty (5 0 ' ) feet along both sides of all new roadways. 8 . The developer must comply with the requirements of the Division of Public Works. a. The drainage on Lot 1 is too close to the property line and must be relocated. b. The proposed water main must parallel the proposed sewer, eliminating the 90 degree bend at Lot 6 . A hydrant must be installed at the end of the water main, before the proposed 811 gate valve. c. Test pits must be conducted at each of the proposed groundwater tank locations. The data must be reviewed by the Division of Public works and the Planning Staff. If the test pits are not favorable, the developer must work with the Division of Public works and the Planning Staff towards a resolution. d. Sewer service connections must be installed to the property line at all existing houses on Hillside Road. e. The sewer extension will be subject to the policies of the Division of Public works regarding mitigation of groundwater infiltration into the existing sewers. f. The applicant must tie into the Alcott village Pump Station. 91, The Town Planner will review any signs utilized for this 5 project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board will review any entrance structures. 10. The applicant shall adhere to the following requirements of the Fire Department: a. open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation commission. 11. The applicant must comply with the Phased Development Bylaw, Section 4 . 2 of the Town of North Andover zoning Bylaw. 12 . There shall be no burying or dumping of construction material on site. 13 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14 . Gas, Telephone, Cable, and. Electric utilities shall be installed as specified by the respective utility companies. 15 . Any action by a Town Board, Commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 16. Due to the small lot sizes that are allowed under the R-6 zone, the following waivers have been granted by the Planning Board: a. Section 7 (A) (2) (a) : 4 0 ' Right-of-Way in lieu of the required 50 ' b. Section 7 (A) (1) (h) : Minimum centerline radius shall be reduced to 95 ' instead of the required 1501 . c. Section 7 (B) (4) : Pavement width shall be reduced to 24 ' instead of 26 ' with a bituminous concrete cape cod berm. d. Section 7 (d) (1) : Sidewalk will be constructed with a width of 4 ' instead of 51 . e. Section 7 (B) (5) : The cul-de-sac turnaround will be 6 "R e constructed with a diameter of 85 feet instead of the required 100 feet. 17 . The proposed sidewalk within the subdivision shall be extended down to the end of the temporary cul-de-sac. 18 . A complete set of signed plans, a copy of the Planning Board' s decision and a copy of the Conservation commission Order of Conditions must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. 19 , 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 plans: a. Plans entitled: Special Permit and Def initive Subdivision Plan. Meadowood II North Andover, MA. Dated: July 1993 Sheets: one through six (1-6) Prepared by: Merrimack Engineering Services Inc. 66 Park Street Andover, MA 01810 b. Booklet: Statement of Environmental Impact Meadowood II Development North Andover, MA Prepared By: Merrimack Engineering Services Inc. 66 Park Street Andover, MA 01810 Dated: August 1993 c, Board of Appeals Decision Hillside Realty trust 733 Turnpike Street, Suite 209 North Andover, MA Dated: July 14 , 1993 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police chief Fire Chief Assessor Applicant Engineer File meadow. sub 7 � h• e • ft I A � r FORM D DESIGNER ' S CERTIFICATE ' • A rIA 1 August 17 19 93 TO THE PLANNING BOARD OF THE TOWN OF NORTH AND❑VER : In preparing the plan entitled Meadowood II I herebycerti f that the above n amed l an and accompanyi ng d-a to is true y P and correct to the accuracy required by the current Rules and Regulations-- Governing the Subdivision of Land in North Andover , Massachusetts , and my source of information about the location ❑ f boundaries shown on said P l an were one or more of the fol l ❑wi ng 1 . Deed from Previous Owners to Seri o and Callahan dated varies and recorded in the Essex Registry 854 310 Regi stry i n Book 2358 Page ?9 a 979 206 2 . Other plans , as follows . 3 . Ural information furnished by 4 . Actual measurement on the ground from a starting point established by Ma a sett 5 . Other Sources Si gned rW.A;, :�`,, , ,,, -� r S henNa i ns i (Seal of En A" ; er v�r ::` :,: �� ( Registered Profe si onal ngi neer or surveyor ) � .. �,.• �. - - � ,.., Registered Land Surveyor ,.. Merrimack Engineering Services, Inc. ���"�• � ` 66 Park Street Andover, MA 01810 Address •.y. W �.� ��.*Y RL�`�. f 0ORry KAREN H.P. NELSON Town 120 Main Street, 01845 Director NORTH ANDOVER (508) 682w6483 BUILDINGT',°"ror'* iy CONSERVATION 5�mius DIVISION OF HEALTH PL ANNING PLANNING & COMMUNITY DEVELOPMENT October 13 , 1993 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Special Permit - R-6 District Special Permit Common Driveway Dear Mr. Long: The North Andover Planning Board held a public hearing on September 21, 1993 upon the application of Hillside Realty Trust, Thomas Laudani, P.O. Box 6700, North Andover, MA, requesting Special Permits under Section 4 . 125, Paragraph 5 of allowed uses by Special Permit (R-6 Zoning District) and Section 2 . 30. 1, Common Driveway, of the North Andover Zoning Bylaw. The legal notice was duly published in the North Andover Citizen on August 25 and September 1, 1993 and all parties of interest were properly notified. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, John Daghlian, Sohn Draper and Richard R❑wen. Joseph Mahoney was absent. Mr. Draper read the legal notices to open the public hearings. Mr. Steve Stapinski, Merrimack Engineering, gave the Board a presentation on the proposed development. Highlights were: 1. 2 . 3 acres ❑f land - Variance received for the Z BA on the lot size. 2 , sewer line to be extended up Hillside Road into the site 3 . thirteen (13) lots - Lots 1 and 12 have houses on them, the house in the middle of Lots 1 and 12 will be moved to Lot 2 - 10 new houses, 1 re--location. 4 ,o on town water 5 , sprinklers will be provided in the homes 6,, size of the homes - 1, 600 sq. f t. with an attached garage. Page 2 : Meadowood, II There is a master plan for the area. The cul-de-sac is temporary. Further development is possible through the Annaloro property and the Mscisz property. A Notice of Intent has been filed with the Conservation Commission. The applicant was granted a variance on the size of the lot. (Requirement is 3 acres - 2 . 3 acres presented before the Board) . The lots will be 5, 000 sq. ft. with the same house designs as Meadowood I. Mr. Simons asked to see the master plan. Mr. Nardella asked about sidewalks within the proposed development. Mr. Stapinski told him there would be a sidewalk. Mr. Nardella asked about other property owners within the R-6 District and the future development of the District. Mr. Stapinski told him that there has been discussions on purchasing other parcels within the District. Mr. Nardella expressed concerns about parking in the winter time. He wanted to know the size of the cul-de-sac. Mr. Stapinski told him the radius was 501 . Mr. Rowen asked about improvements to Hillside Road, Mr. Stapinski said that none were planned. Mr. Simons questioned mitigation on the site. Mr. Stapinski explained the system to him. The roof to drain off - no gutters, there are leaching pits to take care of the run-off. Mr. Hamel, Turnpike Street, told the Board that the proposed project is too big for the land. Mr. Nardella said that the project conforms to the current zoning. Walter Kohl, 625 Turnpikes Street, questioned Conservation issues. He expressed concerns with runoff. Mr. Stapinski told him that there would be less water going onto the Kohl Property, there will be a swale. Betty Kohl told the Board that she knows that the houses are sitting on clay and wanted to know were the water goes. Mr. Stapinski told Mrs. Kohl that the land will allow for some absorption. There are septic systems in the area at the present time. Mr. Thomas Laudani said that the project has been reviewed by the Conservation Commission. Mr. Robert Beaudion, Hillside Road, said that the water table is 81 and that 41 of water runs through the cellar. A pump is used year round. Lorraine Beaudion re-iterated that there was water and not at 81 . Page 3 Meadowood II Jean Callahan, Hillside Road, never has had water in her cellar and there have never been any septic system problems. Frank Serio, Hillside Road, said that three house were coming of septic systems and hooking up to the sewer. The drains that exist now were home made. When professional drains are placed, water will decrease. On a motion by Mr. Simons, seconded by Mr. Draper, the Board voted to continue the public hearing to October 5 , 1993 and schedule a site visit for Saturday, September 25, 1993 , On October 5, 1993 the North Andover Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons, Vice chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian, John Draper was absent. Ms. Colwell reviewed D.P.W. letter received at the September 21 meeting. Mr. Simons has a problem with receiving D. P.W. issues the night of the public hearing. The Technical Review committee was held in August. Mr. Nardella stated that on Phillips Common and Meadowood I both were allowed 40 ' right-of-ways. Assumption has been made that 40 ' right-of-way is acceptable. Mr. George Perna. Director of D.P.W. , stated that the letter was submitted at the beginning of the public hearing. All but three (3) issues have subsequently been addressed with the developer. 11 agreed to 24 ' pavement 2 , agreed to 85 ' diameter cul-de-sac 3 , groundwater into storage tanks -- will do test pits first to see if feasible 4 , 401 right-of--way a. D. P.W. believes that the 40 ' right-of-way has not yet been tested. Planning Board needs to create a policy on the R-6 Zone. 5 , one central mail box provided 6, curbing may be added. Add to the decision based on D. P.W. and developer agreements: 1. 40 ' right-of-way 2 . 85 ' diameter - cul-de-sac 3 . 95 ' cape cod berm 4 . 24 ' bit con berm 6. relocate drainage on Lot 1 property line 7 , keep in Page 4 : Meadowood II 81, test pits at each location with peres detention pond 91 keep lo. keep 11. Alcott village -- FDIC owns the pump station Applicant to tie into the Alcott village pump station, agreements must be made with the owner, not controlled by the Town* A site visit was taken by the Board members. Mr. Nardella asked for screening along Route 114 side of site to be added. Mr. Laudani stated that evergreens, 101 high, 81 apart will be provided. Mr. Mahoney read a letter from CAQ Engineering regarding drainage concern. Mr. Nardella said that some issues will be addressed by the D. P,w. Mr. Laudani told the Board that Conservation has reviewed this and agrees with drainage issue. Mr. Simons asked that Steve. Stapinski address issues in letter. Mr. Stapinski gave the Board the following information: a. finish grade shows drainage swale can be built b, agreed to do tests already for groundwater containment - excavation and backf it ing will be done if tests do not hold c. reference points are the same - reviewed by Conservation Commission in depth. d, sewer pump station on site reviewed with Town Engineer. Sewer system design in connection with Town staff. Mr. Nardella asked if the proposed homes would be the same as the existing homes. Mr. Stapinski told the Board that the first floor elevations are within 1 foot of the proposed and the existing, the new houses will be similar in size/height/style as the existing homes. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to close the public hearings. The Board was given a draft decision to review. C Page 5: Meadowood II Mr. Simons wanted to add to the Findings of Special Permit: 1. Housing design consistent 2 . Roadway layout and future access provided. Mr. Simons to draft and write it in. Mr. Nardella stated that the applicant received ZBA variance. Mr. Rowen asked when the house would be moved. Mr. Laudani said that the house would be moved when the roadway is put in. Ms. Colwell to change decision as discussed and add in D. P.W. conditions, On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve Meadowood II Definitive Subdivision. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the Special Permit (R-6 Zoning District) as amended. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted to approve the Special Permit for a Common Driveway for Lot 12 and Lot 13 , Attached are those conditions. Sincerely, North Andover Planning Board,, r Richard A. Nardella, I Chairman � cc; Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer File i 0�tAORT KA.REN H.P. NELSON ��`` �•' ° Tovm of 126 Main Street, 01845 Director *�, (568) 682-6483 BUILDING . y NORTH ANDOVER •,,.fl•• i CONSERVATION .�5Ac"u5 DIVISION or HEALTH PLANNING PLANNING & CDTVIMUNITY DEVELOPMENT October 26 , 1993 Mr. Tom Laudani 733 Turnpike Street Suite 311 North Andover, MA 01945 Re: Meadwood Phase II - endorsement of plans Dear Mr. Laudani, As you requested, I have placed you on the November 2 , 1993 Planning Board meeting for endorsement by the Board of the Meadwood Phase II subdivision plans. Enclosed for your review are copies of those sections of the decision relating to the items that must be submitted to the Planning Staff for review prior to the November 2 meeting. I will also need to review the mylars prior to the meeting. As we discussed at this morning' s meeting, the covenant should exclude the two existing house Lots (1 and 11) as well as Lot 2 . An additional $5, 000 will be required for the construction on Lot 2 . This should be submitted to the Planning Board in the form of a check made out to the Town of North Andover to be placed in an interest bearing escrow account. If you have any questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, cdll� Kathleen Bradl Colwell Town Planner CC. K. Nelson, Dir PCD R. Nardella, Chair PB a Meadowood II Definitive Subdivision Conditional Approval The Planning Board herein approves the 13 lot Definitive Subdivision requested by Hillside Realty Trust, dated August 19 , 1993 . The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated July 1993 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 Def initive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1 . Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board ' s decision. b. A detailed construction schedule must be submitted (as part of the plans . (See Special Permit) C. A covenant (Farm I) securing all lots within the Ex_c od n subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of • security as requested in Condition #3 (c) . d. Right of way dedication easements for the propozed roadway shall be prepared at the applicant ' s expense and provided to the Planning office. e. The applicant must submit to the Town Planner a FORM M 1 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. f, All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1 (b) . g. All conditions listed herein which shall require action by the applicant after endorsement shall be placed on the final sheet of the Record Plans which will be presented for endorsement by the Planning Board. h. All application fees must be paid in full and verified by the Town Planner. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall � indicate quantity and size of all proposed material and q Y shall be approved by the Tree Warden. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: a. The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. A stop sign must be placed at the intersection of Buckland and Hillside Road. 3 . Prior to any lots being released from the statutory covenants : a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall judge whether the applicant has satisfied the requirements of this provision prior to each lot release. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security in an amount to be determined by 2 L. y i