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HomeMy WebLinkAbout1992 Decision SP DEF SUB & 1993 Easement Meadowood III f A S S C I S T T a y !. r y ,� KpR7k This is to certify that twenty(20)days have elapsed from date of decision filed C without filing qt=appWiL +- " Data AJ ­` 1 4 D ��! a s t h i p .aa �,� � C Town 4r�4 e re.�rs,b a. AM S}` : sSACHUSE� A True Copy h"11 be filed Any aPre�1 s ' ..,t r � � 12" .;, ,- he NOTICE of DECISION �'a C; wi Tovm Clerk i s NotiCe date {•: : . To W i 1 November 3, 1992 i n the Date■ . . . . . ■ . ■ ■ . . ■ ■ ■ . . . , . . a ■ ■ ■ a a a a October 14, 1992 Date of Hearing October. 2D, . 1992■ „ Meadows Realty Trust Petitionof a • . . . • ■ • . . • a • • ■ ■ a a ■ . . ■ a ...�--.:.e_.#.....:�..,..�::.-.+ . . . ■ . , . . . . . . . . . . . ■ . ■ . . . * . . . ■ r . ■ . .��over By-Pass - fort S�'� Premisesaffected . a ■ . ■ . . . ■ . a . . a ■ ■ . ■ . . , a a■ . r . r . . . . . . . . . ■ . ■ . ■ . . ■ , . . . r ■ Referrin cr the above petition for a special permit from the requirements � to North An d o vier, Z o n i n.& 3�1 w �, ,�e;' ?-o; , ■4■.,1 ,,R ' � �l=", _ . . . . . . ■ . . . . . . . of the ■ . ■ . . , , . the construction of �5 s 'n�7" ,am �1► y� n ."'i ■ r . r ■ • . . . . , r . a r .�'"7C1�� ■ `"i"1��'. . w.e. �`■+�b�. ■�.`� .5,f.�.�.�■ ■�4•.•-.t. o t� so as to permit . r ■ • . . an allowed use in the Residential-6 Zoning District, ■ ■ a ■ ■ a s o a a a • • a a . • ■ . a . • • a • � ■ r ► ■ a r ■ • ■ • ■ ■ • ■ r r ■ a • r r ■ a a ■ a ■ ■ • ■ • a r • ■ r a r ■ ■ a ■ + a ■ ■ + ■ r ■ ■ • After a public h � earin given on the above date, the Planning Board voted CONDITIONALLY tV �■""A�'VIF, ■ . ■ a ■ , . /the . •�ri� y��.�y ��F�s.*w+r • . ■ . . ■ ■ a a r r ■ . • • ! ! . ■ ■ r as . . ■ a a . , ' . ■ . . . r . . f CC: Director of Public Works based upon the followinc conditions Building Inspector Conservation Administrator Health Administrator Assessors Signed ' Police Chief George D. Perna, Chairman Fire Chief Applicant John Simons Engineer . . . . . ■ ■ ■ a . • . • ■ • . • ■ . ■ a . . ■ . . . ■ . . . . File Interested Parties ■ John■ Draper. ■ ■ a ■ ■ . . . . ■ • ■ a • • • - • ■ Joseph Mahoney Richard Nardella . ■ ■ ■ • ■ a ■ r ■ ■ ■ ■ ■ ■ . . ■ ■ Otte ■ . . . . . • alanning B oard r g MFJU)OWOOD .. SPECIAL PERMIT, RESIDENTIAL-6 ZONING DISTRICT(R-6) in Board herein approves the Special Permit requested The Planning pp by Meadows Realty Trust, dated 9/28/92 in accordance with Sections 4. 125, 10. 3 and 10.31. The Planning Board makes the following findings regarding this Special Permit for the construction of 26 single family dwellings (28 lots) with a minimum 5, 000 square foot lot and mini frontage of 75 feet in a Residential-6 District. A. The specific site is an appropriate location for such a use; Be The use as developed will not adversely affect the neighborhood; Co 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* Ee The application before us in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes the findings under Section 4 . 125 of the ZoningBylaw that the proposed Residential-6 development is in harmony with the general purpose and intent of the�'� Bylaw* The R--6 concept as designed will provide for a neighborhood setting with land set aside . for a 'tot lot' . The development is sufficiently advantageous to the Town and promotes the public health, safety and general welfare of the citizens of the Town of North Andover. It is appropriate to depart from the requirements of this bylaw otherwise applicable to this Zoning District in Y � Planning which the parcel is located. In particular, the Pl n g Board finds that this project will A. Promote the mo re efficient use of land in harmony with its natural features; Be Encourage the preservation of the existing tree line and provide for a conservation easement; neater f lexibil it and more diverse, - efficient, and C Permit g Y economical design of residential developments; F ' conornica1 and efficient provisions of utilities ; D. Facilitate e E. Meet the Town' s housingneeds b promoting different types of housin which is a benefit to the residents of North g Andover. ' Finally, the Planning Board finds that the R-6 complies with the n as the following additional ZoningBylaw requirements so log comply lied with. There fore, in order to fully p Y conditions' are comp 11 .-6 as specified in approval necessary a.ry to construct the R with the � pp + e Planning Board herein grants this Special Permit application, th p the following conditions are met. this approval provided der of Conditions are to be placed upon 1a All Planning Board or Sheet) priorto endorsement the recorded Final Plans, (Cover and filing with the .i,. s No th Essex Reg istry o f Deed (NERD ) r 2 . The applicant shall comply 1 with all North Andover Department of Pubic is Works Rules and Regulations• d Commission or Department which 3 . Any action by a Town` Board, � ent drainage wires charges in the roadway alignm f requires be subject to facilities, grading or no cut lines , may facile g modification by the Planning Board. Special Permit process, the Planning 4 , As allowed through, the Sp � elate to the as discreton in all. matters , which r + , Board h , + requirements in a Residential-6 Zoning District, dimensional requireme , are shown in accordance with a three The proposed 28 Lots land in single (3) acr e minimum of contiguous parcel. ❑f , ❑ solidated ownership. The appropriate measures ownership/c n will be taken to preserve erve the wetland open space by restrictive covenants Board all the applicant to construct As such the Planning Boa two 2 existing wellin s and subdivide 25 single family d g lots With dwellings. the following requirements of 5, The applicant shall adhere to the Division of Public Works: on Willow Street must a. The grade of the proposed sewer` to be to allow service be changedconnections installed below the proposed water male. �. b. A 1211 gate valve should be installed at the end of the future extension. proposed water main to facilitate ' fro the operator of the c, A statement must be obtained f . , station quantifying existing Route 11 sewer pumping ted ca acity to flows and available excess permit p , sewage o 'projected f 1 ows from the Nee adowood subd lv 1 s Z on. accept pr 7 ' be obtained from the do p, sealer extens ion permit must e • Pollution Control- of th Division o f Water tection. chusetts De artment of Environmental Pro Massa p • a co of the planning e. A complete set of signed plans, PY ' on p of the Conservati Board decision and a copy the ' of Conditions must be on file at Commission order issuance of permi i ts Division of Publ is Works prior to to utilit for connection ies° 6. The a l icant shall adhere to the following requirements irements of Pp the Fire Department es are to conta in residential fire Ae All proposed structure s sprinkler systems in conformance with the North Andover Fire Department, to the Massachusetts 7 . The applicant shall adheretts Department ubl (MDpw) intersection req for the of �' is Works �uirements improvements at the Andover Bypass intersection with Willow street: ' hall be obtained for access and A, A curb-cut permit s egress of the proposed development. acceleration and deceleration lanes shall be �. Striping► acceler irements. constructed in accordanCe with MDPW rem C, Adequate sight distances ces shall be maintained at said �. intersection* upgrade a roximately 400 feet D. Willow Street shall be upgrp s. Bypass. in accordance with approved plan in from the yp ' be laced near the intersection 3 �. Temporary signs shall p motorists of 0 f Route 1�5 and Willow Street to i.nfvrm the construction activity. . event of the record 8 . Prior to the Planning Boards enders plans: A* All sheets shall be rev i s ed to comply with the conditions listed hereine eDare a -�d presented g. All easement documents shall be pr 't ' e artment including roadway'/uti�-1 Y to the Planning D p �. ' easements cvnve once sewer/water, no-cut, and drainage, Y ' 1 is R-�o�W► or individual lots. located either in the pub ,All easements on individual lo ts must be recorded alan With the record plans. g ' ule shall be, given to the C. A complete construction schedJule or review and approval. This schedule Town Planner f e lines and all should include the sewer and drainag , ire openings in any exa.sting utilities which will re� p � t of this roadwayfor tie- ins. This schedule is par decision. D, Copies of the final conservation re striction affect�.ng P recorded at NERD. lots #1-8 shall be r y G E. Covenant's shall be recorded to insure that the architectural style of the proposed dwellings shall be uniform in Design (two story/attached garage) . F. 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 . G. An eight (8) foot tall wood fence shall be placed along Bud Realty Trust land and the Bypass as delineated on the approved and final plans. H. Prior to the issuance of a building permit for Lot C, a common driveway special permit shall be obtained for Lot C: and Lot B by using Lot B' s existing driveway curb-cut. I. The existing driveway on Lot A shall terminate its access to the Bypass and use Willow Street. Conversely, Lot 17 shall use the curb-cut on the Bypass - as its access. *Pavement shall be removed to eliminate connection between the two lots. J. Temporary parking shall be provided on Lot 17 during its use as a model home. At the time of occupancy for dwelling purposes, the parking area shall be removed. K. The applicant shall work with DPW and DPCD in the N design and layout of the proposed 'tot lot' . . It is agreed that - the developer will provide the initial playground equipment for the lot. L. a designated school bus shelter shall be located within . the right-of-way near the tot lot. 9 . Prior to a building permit being issued for any structure: 3 s A. Bonds in an amount to be determined by the Planning Board shall be posted to ensure construction and/or completion of sewers, roadways, and other pertinent public amenities, These bonds shall be in the form of a Tri--Party Agreement or Passbook. Be A separate -bond, in an amount to be determined by the Planning Board, shall also be posted to ensure completion of all site screening. This bond shall. be in the form of a bank passbook. c. All appropriate ro riate erosion control measures shall be in measures place. Final determination of appropriate. shall be made by the Planning Board or staff. D. All catch basins shall be Protected and mai ntained with Yea y bales to prevent s iltation into the drain boas 'during construction* Ee Proof of recorded easements on all inaividual lots as noted in condition #8 , shall be provided to Planning Boarde loo Prior to Certificate of occupancy being, issued for any structure.0 ' �m e A. The site shallce , reive all necessary permits f ro th Health Department. Be 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 app-Licants expense, A percentage of the bond required 'in Condition #9B, shall be retained for this purpose. C. All disturbed areas, on the lot 'in question shall be -suitably stabilized. Do All site amenities associated with the lot 'in question shall be instal led e (ieo fences, landscaping, walkway and dr ives. ) 110 Deed restrictions must be filed with the Planning Board and recorded, at the Registry -"to enforce the no-cut. line that shall be established along, the back of all lots which, are within the wetland buffer zone of the eastern most boundary of' the property. 12 , There shall be no burying or dumpling of construction material on the site,. t must obtai'_n a sign 13 0 Any signs utilized for this pro)ec i nd be reviewed 't as required by Section 6 of the Bylaw a perm ' by the Town Planner and approved by the Bul .ding Inspector* 14 * Gas, Telephone, Cable and Electric a 1 ies shall ,, be installed as specified by the ' respective utility companies, Dig safe shall, be contacted 72 hours 'in advance. 15. An as-built plan and profile shall be submitted for review and approval prior to the, final release o�f DP�W bond money* A certified 'Interim as-built verifying that all utilities have been 'installed in accordance with the plans and profile 4, f the binder shall be submitted prior to the application o o coat of pavement. In addition, all required inspection and testing of water, sewer', and drainage facil 1't ies shall be 0 completed prior to binder course of paving. 16. Tree cutting shall be kept to a minimum throughout the prof ect in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Town Planner when tree cutting is to occurs 1.7 , Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Town Planner when tree cutting is to occur. 18 . Two to two and one-half inch caliper (2-2 . 511) street trees are to be placed every fifty (50) feet. Tree species shall be approved by DPW. 19 . The provisions of this conditional approval shall apply to and be binding upon the applicant, it' s employees and all successors and assigns in interest or control . 20. All construction shall commence within two (2) years from the date of this approval and shall be completed within five (5) years from the date of this approval. 219 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. (For specific conditions see definitive plan decision dated October 20, 1992 , filed November 3 , 19 9 2) 21, The f of lowing information shall be considered as part of this decision: Plans Entitled: S p e c i a l Permit and De f in it ive Subdivision Phan v Mea.dowood, North Andover, MA. Dated. September 15, 19 9 2: rev. #1 (sheet 1,215) ; rev,. #2 (sheet #3) f Scale.* l" = 401 Sheets, One through 7, (1-7) Prepared By: Merrimack Engineering Services 65 Park Street Andover, MA 01810 Booklet. Meadowood Subdivision Prepared By: Thomas Laudani Dated: October 14, 1992 Included: Proj ect Overview , Technical Specif ications, Elevations - Front, Floor Plans: Classic ,, Columns , Victorian, Colonial 1450 1550 Gross Square feet. s o Y Y a cc: Director of Public Works Building Inspector Conservation Administrator Health Administrator Assessors Police Chief Fire chief Applicant Engineer File V 1 r u E°a «y-. J . a Ippolit� ,o (. 4 From: , Lincoln Sent: Friday, June 23, 2006 9:19 AM lolito, Mary Subject: Research Question Mary.- Barbara from Att. adle 's office called yesterday to inquire about a lot release for 15 Bu:cklin Road, Map 25, Lot 116. According ding to her records/research,the lot was never released. She stated that the lots in the other subdivision were release some time ago (mid 99 "s). This address seems vaguely familiar to me and l believe that this issue may have been ,addressed previously. Can you lock in the files to see if the lot has been released?` Thanks. Lincoln Town.Planner Town of North Andover Phone- ' -6 -9535 Fax_ 7 8 - 2 C V I f/ r 1 I fffif S _a f f i I E' FORM J Lot Release Form The undersigned being a majority of the Planning Board of the Town of North Andover,MA hereby certify that the requirements for work on the ground called for by the Conditional Approval dated ZO and recorded in Essex North District Registry of Deeds, Book , Page (or registered in Land Registry District as Document No. , and noted on Certificate of Title No. ,in Registration Book ,Page }have been completed to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled recorded with said Deeds,Plan Book Plan , (or registered in said Land Registry District, Plan Book , Plan } and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designated on said Plan as follows.- (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s) on Street(s)do conform to layout as shown on Definitive Plan entitled" Section Sheet(s) " Registered Land Surveyor Majority Of The Planning Board Of The Town of North Andover COMMONWEALTH OF MASSACHUSETTS ss. ,2fl Then personally appeared one of the above-named members of the Planning Board of the Town of North Andover, MA, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board,before me, Notary Public My Commission S/ GRANT OF EAtSEMEN-11 I3 Thomas D. Lauda..ni, Trustee of ls . i '� � ide Realty Trust uldlt dated june 16t 19�3, rccorded with the Esscx North. Registry of Deeds herewith, for consideration paid of One Dollar ($1.00), hereby grants to the Inhabitants of the Town of forth Andover, Essex County, Massachusetts, an casement to pass and repass on and over the war known n as B uckl i n Road and to use said way for all purposes s•s which streets and ways are commonly used in North Andover, Massachusetts, BuQklin Road is m ors particularly described on sheet 2 of 6 of a plan entitled "Special Permit at)d Definitive Plan of MeadoArood 11, ,� Mass", dated July, X 1993, y by Merrimack Engineering Services, .Inc, 66 Park Street, Andover,, MA o 18 10, which plan has been filed with Essex worth Registry of Deeds as Plan NotExpresslyladed from the oonve ante heresunder LS t bu area designated. on sheet 2 of 6 of the Plan as "Temp. Cal-Dc&-Sac Access Lasement", Grantor expressly reserves from the conveyance hereunder the. fee interest of the hand subject to this easement. For title reference see deeds recorded Ilerewith. Executed as a scaled instrument the �.�) day of November, 199.3. 5 1 H'Ilside Realty Tr t ust � -- . ._......... Thomas D, Laudani Trustee. and not indiv'dually j COMMONWEALTH CIF MASSACHUSETTS Essexr ss Noveznbcv 2-- , 1993 Then personally appeared the above named Thomas D. Laudam", Trustee as aforesaid and acknowledged the foregoing, instrument to be the free act and deed of Hillside Realty Trust, before me, Notary Public My Commission Expires LINbA E,MARKHAM Notary Public �y Lpmmission expires February 24.2000 'f 2