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HomeMy WebLinkAbout1994-08-24 Decision SP Meadowood III DEF SUB V-1 CA BK 4121 F3 204 jo �:. �s T 4 W N U F N 0M_'H A N D 0 V E R u��i:- � : ,�,:�n 3 fb4. .. AUG _'.5 JOYMA. 4,s0 9 46 Any-appeal shall he fiied •�,.��_t�:. �� � - Within(20)da s rafter the date-of-filing of this Notice it��the�ffice o�the Town -NOTICE DF DEC IS r-on� Clerk. Date.August■241,1994.,,•r••r■r■■■ June 7, June 21, Date of Hearing June■28,■July♦�?, August 2, August 16j August 23, 1994 Petition of +illsi-de Realty.TxursL...■r...•..■••.,r•a.....,■.■•,.srs•,,..+.■.i ffect-ed 27�4 Hillside Road Premises a .Referring to the above petition for a special permit from the requirements of the • Nor.th.Andover Zoning■-Bylaw ..Section+4,125�+Paragraph,26• (5�.....■•,., • the contruci.ton of -27 single -family homes on pro ert• • located �..; So as to permit ►•,,.■,r■■,«•■a,a■■r,■■■,■■r•■a■•r■■•r•a•••♦■,■ .r r, +•■.+• C'7 at .274 Hillside Road, in the Residential-6 (R-6) Zoning Di-strict N.) G.3 A ft-er a ublic hearing given -on tyre above elate, the Planning Board voted COND ITIONALY to estAPPROVE.,.,,.■.,the .■ SPECIAL "P.ERMIT ■r.■.■•• ■..........■ r......... ......... C� .�.. based -upon the fouowiirg conditions: � � 0 • Si ned CC: Director of Public Works R. ...............■...■•. Conservation Administrator . J..aseph Mahoney, Mice Chairman Health Sanitarian pool •• ■•■""" """"""' ��� e�� Assessors Richard Rowen, Clerk Police Chief 6■,0•00•000..6•■■■••.r■.■■...,.. Fire Chief John;Da0lian♦�.■■.,,.........., Applicant Engineer - File •••«,•■■ lgnnili�'.r$4�T `•,■■••• Interested Parties ATIESn let �►� . have Wa 8 K 41-029 PG 193 r .r' $fl8rd Notice to APPLICANT TWN-CLERK.•-6xl ����a�tiom of Act�.ox� of can Definitive Subdivision Plan Spfaci.al Permit and Definitive Play, :I,4,V4dow0-od North Andover, Massachusetts By: Merrimack Engineering Services, Tnc% s dated April ig 94 . r �w The North Andover JPlaz ing Board has voted to APPRM vaid p30SNnt subject-to the following zonditions 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 con- stmetion of-wVs and the installation of municipal services within said sub- � di'r-.3ion, -all as provided-by GoLo c: 4., S r elmoU. 2. That all such -construction sand installation's-s shall.in"!&U re-specta conform to the governing rmles and reAd-lativns of this Board 3. That, as required by the Forth Andover Hoard of Realth in it-s -re port to this Board, no b yr other structure shal I. be built or Tlace-d upon..Lots No10 as shown orr zaid Ply without the 7rior consent of said Board of Health. 4. Other conditions: See Attached ` �. x �, :r ' r In the -event that no appeal ahall have been taken-from said approval within twenty days from this date, the North Andover P Hoard wM forthwt6th thereafter endorse.its formal -approval .upon s ai4 flan. The North Andover-P-.arming Hoard has DISAPPROD said plan, for the following reasons; r ' . r . NORTH I P AffW i�• August 23, 1994 �� A. chard A. Nardella, chairman Date: • t TOWN OF NORTH All D O VER N.0 R;:; MASSACHU" SETT8 AuG 3 5 N❑RT), ❑ 14 co e4 lop a r1k Any � t cnc:i■iF+�r= � appeal shall be filed %TSAC SACHuSti Within (20) days after the date f filing of this Notice NC7T10E of DECISloN nthe of the Town Clerk. Date. 24: ■ 1994r • ■ . . . ■ . . . . • . June 7, June 21 , Date of Hearing June« 28+■ July. 19 August 2, August 16, August 23, 1994 aHillside Realt Trust of r a ■ • ■ Premises affected 0 ■ 8274 Hillside■ Road • . . . ■ . ■ • . ■ . . ■ ■ ■ ■ r ■ • . . . . ■ ■ ■ ■ ■ . . . . Avg $ 00 ■ Referring to the above petition for a special permit from the requirements of the , North Andover Zoning Bylaw :• section 4*125y■ • a Paragraph 26 (5) • ■ ■ • ■ ■ • . ■ . ■ , a . • the construciton of 27 single family homes on property located soas to permit A . ■ • r r w ■ ■ w a ■ a ■ a a ■ ■ ■ ■ • ■ ■ w ■ • ■ • • ■ • ■ • ■ ■ ■ ■ ■ ■ r ■ ■ . • • ■ • • ■ • • ■ ■ ■ a ■ see ■ ■ a at 274 Hillside Road, in the Residential-6 (R--6) Zoning District After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE • , ■ . ■ . •the . . PY�CIALe PERMIT . • . . . . . . • ■ . . ■ ■ ■ . . . • . . . . ■ . . . . . a so@ ■ . . . . . based upon the following conditions : Signed cc: Director of Public Works Richard A. Nardella, Chairma Building Inspector . . • ■ . . . . . . . . • . . • ■ ■ . . . . . • . ■ . , ■ ■ . a Conservation Administrator Joseph Mahoney, "Vice Chairman Health Sanitarian • • • • . ■ ■ ■ ■ ■ ■ . ■ . ■ * • • • • ■ . ■ ■ a " ■ • • • Assessors Richard Rowen, Clerk Po l i c e Chi e f ■ ■ • ■ a ■ ■ ■ ■ ■ a a ■ In ■ ■ ■ ■ ■ r a ■ • r a ■ a s • • ■ ■ Fire Chief John Daghlian Applicant . . ■ . . ■ . . . . . . . ■ . . . . . . . , ■ . ■ . . . . ■ . • Engineer File • ■ ■ • + • ■ • • . . • ■ r • • • • r ■ • ■ ■ , . . . . . .planning B oard Interested Parties F l Notice to APPLICANT TOWN CLERK and Certification of Action of of P Board on Definitive Subdivision Plan entitled: Special Permit and Definitive Plan, Meadowood North Andover Massachusetts Merrimack Engineering Services, Inc. dated April 19 94 By. f ..,. The North Andover Planning Board has voted to APPRM said plant subject to the following conditions 1. That the record owners of the subject land forthwith execute and record a "covenant rurming with the land', or otherwise provide security for the core-r st: action of ways and the installation of municipal services within Said sub- di.-t-.3iony all as provided by G.L. c. 41, S• 81aoU* 2. That alI such construction and insta3.lations-,'shad].••ini a1.1. 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 Board, no building or other structure ahall be built or placed upon Lots NO* as shown on said Plan without the prior consent of said Board of Health. . 4, other conditions: •. • . f• 1 • . • •X + See Attached « Co In the event that no appeal shall have been taken from said approval within twenty days from this t 's date the North Andover P Board will forthw�th thereafter endorse its formal approval upon paid plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: • 1 1 r I�oRTH p BD Au ust �3, 1994 ,• •gichard A. Nardella, Chairman g $y.Date. 1 1 3. tAORTN Y ` �• V I'AREN H.1-1. NELSON � p Town of 120 Main Street, m1' Di c'dor- (508) 682-6483 n = NORTH[ ANDOVER BUILDENG CONSERVA'rION AC""s DIVISION OF HEAUM PLANNING & COMMUNITY DEVELOPMENT PLAA}. INC, August 24 , 1994 Is Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - R-6 Zoning District - Meadowood III Dear Ms, Bradshaw: The North Andover Planning Board held a public hearing on June 7 , 1994 in the Senior Center behind the Town Building upon the application of Hillside Realty Trust, requesting a special permit under Section 4 . 125, Paragraph 26 (5) on the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 18 and May 25 , 1994 and all parties of interest were duly notified. The following members were present: Richard Nardel 1 a, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and John Daghlian. The petitioner was requesting a special permit for the construction of 26 single family homes and the creation of 28 lots on property located at 274 Hillside Road, in a Residential-6 (R-6) Zoning District. Mr. Rowen read the legal notice to open the public hearings. Mr. Steve Stapinski, Merrimack Engineering, and Mr. Thomas Laudani, developer were present. The fallowing information was given to the Planning Board. project site located o f f of Route 125 and Hillside Road, '� adjacent to Meadowood II Lot 13 of Meadowood II is included in Meadowood III Annaloro and Peterson Property also included . Peterson house will remain extend Bucklin Road through to Hillside Road, Peterson Road and Benson Circle added as new roads . Town water and sewer provided change slope of site to slope back from wetlands to g , then drain Hillside Road, detention area on Lots 9 & 10, to grassy swale, then to wetlands all lots 51000 sq. ft. with 5, 000 sq. ft. upland. Page 2 ' r Meadowood III Notice of Intent filed with conservation Commission finish grading close to edge of wetland but not filling sidewalks will be required water looped to Nadine Lane through an easement , pedes trian access easement on top of watermain to Nadine Lane can be provided discussion of altering lot line on Lots 15, 16, 17 , 18 , as the driveways do not cross legal frontage d if on a master plan for R-6, did roadways tie Mr. Bowen asked p � in? Mr. StaP inski answered that the roadway did tie in to all properties, bu t at the time the plan was developed he did not have an accurate wet land line a connection would require wetland filling of more than a quarter of an acre. ' Mr. Simons stated that Mr. Stapinski is to provide copies of the original R-6 Master Plan to the Planning Board. Mr. Simons ons stated that a roadway connection to Nadine Lame must be reviewed and analyzed. Nar della stated that the developer must be able to prove Mr. ion is feasible* to the Board that no roadway connect expressed ressed the following concerns: Mr. N p grading' n of Meadowood III and Nadine Lane upgrades to sewer and water easements would be required for access conce rn about lot from Meadowood II combined with Meadowood III Ms. Colwell to bring Meadowood II Master Plan to next meeting* Mr, Hamel, 591 Turnpike Street concerned about traffic, wants a traffic study done* there was a need to have a Master Mr. Mahoney stated that alicit ' c Plan Anal sis done in this area. Ms. Colwell to s Tra f f 1 Y Police information on traffic issues* seconded b Mr. Mahoney, the Board On a motion by Mr. Rowen, Y voted to continue the public hearing to June 21, 19940 Planning Board held a regular meeting. On June 21, 1994 the Plan g resent: Richard Nardella, chairman, The following members were p John Simons and Alison Lescarbeaur Due to the lack of a quorum the item was tabled to the June 28 , 1994 meeting. Page 3 : Meadowood III On June 28 , 1994 the Planning Board held a meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau. Mr. Laudan i spoke to the Board on zoning issues, Mr, Laudan i stated that Lot 13 , Meadowood II, was one house lot not built on. He stated he could further subdivide the lot as a modification to Meadowood II. Mr. Simons stated that this was not an issue with him. He furt her stated that if Mr. ' Laudani had the parcel to begin with it would have been included in Meadowood II . Mr. Nardella stated that a variance was granted for 2 . 9 acres as opposed to the required 3 acres. Mr. Simons spoke the intent of the 3 acre minimum requirement. for the R-6 District. Ms. Nelson asked for the total acres in Meadowood I and Meadowood I I . Mr., Stapinski replied, 1116 acres" . Ms, Nelson asked for the number of lots. Mr. Stapinski answeredr 1136 lots' . The lengthy There was a len th discussion on Lot 13 and re-looked at the 6 scheme that was lai Rd out for these parcels a year ago which was in the Planning Board file. Mr. Nardella want ed the Board to think about the issue with Lot 130 Mr. Mahone seconded by Mr. Rowen, the Board On a motion by Y► voted to continue the public hearing to July 19 , 1994 . the Plannin Board held a regular meeting. On July 19 , 1994 g , ` tubers were resent: Richard Nardella, Chairman, The following me P Vice Chairman Richard Rowen, Clerk, John Simons Joseph Mahoney, ► and Alison Lescarbeau. Mr, Steve Stapinski discussed Conservation issues and revised wetland line. -. t ' ❑f a wetland crossing would be required for 100 to 13a a roadway connection need to do a substantial rework of the plan ' stated that the a 1 icant may lose one lot in Mr. Stapinski pP the redesign. .. .. .....- ......:1. .J.1..•Y.w•.1_.-J ram..• 1...1er..a+.•A•,a_.K.. ..... .. - - Page 4 : Meadowood III Mr. Nardella told Mr. Stapinski to rework subdivision to make a less complicated plan with more regular lot lines and roadway connection. Ms. Colwell said to keep in mind if road is never connected, may need to keep temporary cul-de-sac. Mr. Nardella stated that the developer may be able to reduce pavement at crossing to eliminate need to apply for federal permits. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to continue the public hearing to the August 2 , 1994 meeting. On August 2 , 1994 the Planning Board held a regular meeting. The following members were present. Richard Nardella Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Daghl ian p y and Alison Lescarbeau. Mr. Nardella attended the Conservation Meeting regarding Nadine and Meadowood roadway connection, which entails wetland filling. Plans locate house at least 25 ' from resource areas. Roadway connection replication to be split 50/50 with both developers. There is an access issue with Lots 23 , 24 and 25, needs to be addressed. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to continue the public hearing to the August 16, 1994 meeting. 1994 the Planning Board held a regular meeting. On August 1�, g The following members were present: Richard Nardella, Cha irman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk., John Simons and Alison Lescarbeau. Mr, Steve Sta inski and Mr. Thomas Laudani were present. p The following information was provided to the planning Board: wetland line revised removed cul-de-sac and one lot common driveway between Lot 24 and 25 spread out Lots 24 and 25 and 23 turne d house on Lot 10 to face subdivision and access orientation of houses on Lots 10 and 14 and 15 so that driveway is not in front of house i.: Page a Meadowood III The Planning Board discussed giving Lot 23 more space and ability to take area from Lot 18 . Mr. Simons stated the need for some physical space around house to live. Change house design on Lot 23 to maximize land area. Ms .'A Colwell questioned the need for truck turn around at end of road if connection to Nadine Lane is not made. Revised plans to be submitted prior to construction of the roadway. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted, to close the public hearing. [alter lots 18 and 23 - IBC to review] Lot A - retained by Annaloro, not enough buildable area on it 9 . 8 acres - to remain unbuilt upon. On Augus t 23 1994 the Planning Board held a meeting. The follow ing members were resent: Richard Nardella, Chairman, Joseph g P ohn Da hlian. Mahoney, Vice Chairman, Richard Rowen, Clerk and J g Mr. Ste ve Sta inski and Mr. Thomas Laudani were present. There was a discussion of D. P.w, issueso need to create a turnaround at the end of Peterson until a road connection is built to Nadine Lane* olwell su ested that a temporary cul- de-sac be Ms. C gg construc ted at the end of Peterson and that the lots covered by the cul-de-sac be constructed when the roadway connection goes through rovidin incentive to the applicant to pursue the roadway thus p g connection. Mr. Nardel la asked what the time frame was for getting the road connection through the Conservation Commission process. Mr. Stap inski told the Board that the Planning Board approval ' then file with Conservation Commission based on must be filed, Planning Board decision. Conservation Commission will then issue Pl g ' Conservation Commission denies the application, a decisions I f the ill a eal the denial to the Superior Court and the applicant w pp D.E. P. D.E.P. can issue a superseding order. _. ' • _•a..a ,+rx.,..•..:s,,,..r.i.. .•...a e .w:....:n a.....'s.it,... ,-...«....-._.. .. ._ Page 6: Meadowood III The Planning Board could also be a party to the application and therefore appeal the Conservation Commission decision. OWN Current plan shows no activity within 15 feet of wetland. Roadway connection is not currently designed. -- Conservation Commission will view roadway connection as a separate application. - Less 5, 000 sq, ft, wetland filling required. Mr. Rowen asked why is the entire roadway not shown on the plans? Mr, Stapinski ' s reply was because in that case the Conservation Commission would disapprove the entire project not just the roadway connection and this would tie up the entire project. Mr. Rowen concerned that i f plans show a temporary cul-de-sac, it will be more difficult to obtain Conservation Commission approval. Mr. Stapinski stated that the project can only obtain limited access crossing status if the Planning Board requires the roadway connection across the wetland. Discuss ion of limited access crossing status limits ability of local Conservation Commission to put conditions on project. Mr. Stapinski stated that there would be 120 ' of roadway through the wetland but less than 5, 000 sq, ft, of filling total. Mr. Nardella stated that the Planning Board is looking at the roadway from a safety and traffic flow point of view. Mr. Daghlian suggested that the public safety issue be discussed with the police department. Mr. Stapinski suggested that a cul-de-sac not be a written requirement, suggest that to achieve public safety need to require road connection. Roadway connection would be limited to 221 . Mr. Mahoney stated that applicants generally construct a temporary cul-de-sac and remove it when roadway connection is made. Mr. Stapinski could fit a small cul-de-sacinto the current design. - on Lot 17 slide house back from the road 12 ' to fit 25 ' from wetland setback, slide Lot 18 house back, could. move homes on Lots 17 , 18 and 19 to create room for cul-de-sac. Do not have to change limit of grading, can build cul-de-sac same size as Meadowood II. Page 7 : Meadowood III Mr. Nardella said to put need for roadway connection in the decision - strong language regarding public safety, acknowledge reduced right-of--way and pavement. Do not actually build road until Nadine side of road under construction. Town keeps bond money to cover cost of construction of connection. Mr.� Nardella stated that the Planning Board should attend the Conservation Commission hearing on the roadway connection. Discussion of D. P.W. letter 3 , cape cod berm to be installed 1. Condition that design of roadway connection be submitted for review and approval by the Planning Board and D. P.W. prior to endorsement, but not shown on plan. Why 10 ' fill? Mr. stapinski stated that conservation required all grading to send flow of water away from the wetland areas, could have 7 ft. of fill without this requirement of Conservation Commission. 2 , temporary cul-de-sac require applicant to submit to the Planning Board and D. P.W. for approval a plan for a temporary cul-de-sac during construction, prior to endorsement but not on the endorsed plans "to be utilized until such time as connection is finalized" 4 , 4 ft. sidewalks Items 5 through 11 to be as written by D. P.W. 12 . Discussion of location of leach pits - not possible to move pits out of front yard - will move pits as per D. P.W. where possible. Items 13 through 17 to be as written by D. P.W. Roadway connection to Nadine Lane must be completed unless rendered impermissible by the conservation Commission. condition #1 Applicant shall within ninety (90) days apply for permits to construct the roadway from station 4+50 through to Nadine Lane and upon receipt of applicable permits construct such connection. Page 8: Meadowood III Planning Board wants connection for public safety _ create neighborhood in the R-5 Zoning District as consistent with the overall plan of the R-6 Zone. Ms, Colwell to add sidewalk width to the list of waivers. [KBC to ask Chief -- re: need for fire boxes. ] on a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve the Meadowood III Definitive Subdivision Conditional Approval as amended and discussed. Why show Parcel A in on the subdivision plan? Mr. Stapinski replied, because regulations require remaining land of the owner to be shown. Discussion by the Planning Board that 28 lots created, 26 new homes, 1 existing home, plus Parcel A. Prior to endorsement the Planning Board and D.P.W. must review design of road. Discussion regarding the placement of a stockade fence behind Lot 10 along Route 125 and along the Gallant Property. Ms. Colwell to add as a condition. Site opening bond set at $15, 000, Discussion regarding whether any specific conditions should be placed on Parcel A. No specific conditions to be placed on Parcel A. on a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve Meadowood III Special Permit as amended this evening. The Chairman also voted. Attached are those conditions. Sincerely, Planning Board Richard A. Nardella, Chairman attachment cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief f Page 9 : Meadowi id I I I Fire Chief Applicant Engineer File Y t z 3 Meladowrood III special Permit, Residential - 5 Zoning District (R-6) The Planning Board herein approves the Special Permit requested by Hillside Realty Trust, P.D. Box 6700, North Andover, MA . 01845 dated May 13 , 1994 . This Special Permit under Section 4 . 125 of the Zoning Bylaw, allows the creation of 28 lots containing 26 new homes, one existing home, and a 9 ,895 acre open lot noted as Parcel A. The entire project covers 14 . 83 acres in the R-6 Zone off of Hillside Road. The Planning Board makes the following findings as required by Section 10, 31 of the Zoning Bylaw: A, The specific site is an appropriate location for 5, 000 square feet lots as it is zoned R-6 and is adjacent to a subdivision with similar lot sizes. B. The use as developed will not adversely affect the neighborhood as the site is adjacent to similarly sized lots. CO There will be no nuisance or serious hazard to vehicles or pedestrians as a roadway connection between this subdivision and the adjacent subdivision will be constructed, thereby allowing residents to exit onto either willow Street or Hillside Road. The Planning Board believes that this connection is necessary for the public safety of the citizens living in this subdivision. The current traffic conditions on Route 125 dictate that motorists be given two different access points onto that route. Furthermore, the roadway connection provides a physical and psychological connection between the adjacent R-6 neighborhoods which was part of the overall design and plan for this Zoning District. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes the specific finding that this use is in harmony with the general purpose and intent of the Zoning Bylaw. The development is sufficiently advantageous to the Town and promotes the public wealth, safety, and general welfare of the citizens of the Town of North Andover. In particular, the Planning Board finds that this project will: A. Permit greater flexibility and more diverse efficient, and economical design of residential developments; B. Facilitate economical and efficient provisions of utilities; C. Meet the Town' s housing needs by promoting different types 1 z of housing which is a benefit to the residents of North Andover. D. Conform to the overall intent of the R-6 District concerning the lot design, road layout and other site features. Finally the Board finds that this site 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 project as specified in the Special Permit application, the Planning Board herein grants this approval provided the following conditions are met: 1. Prior to Endorsement of the Plans by the Planning Board, the appl cant agrees to the following: The applicant shall post a site opening bond in the a pp amount of fifteen thousand ($15, 000) dollars to be held by the Town of North Andover. The Guarantee shall be in the form of a check made out to the Town 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 other condition contained herein, prior to the posting of the Performance Guarantee in Condition 3 (c) in the Definitive Subdivision Approval. This site opening bond may, at the discretion of the Planning Board, be released in full or partially retained in accordance with the recommendation of the Planning Staff as directed by the vote of the North Andover Planning Board. ,rA.., b.�`; covenants shall be recorded to insure that the #_3 architectural style of the proposed dwellings conform - 1 ....:..... to those currently constructed in the R-6 zone. ................... ... ....:...... CIAOP The rear lot lines on Lots 18 and 24 must be adjusted ` o to create a larger back yard for Lot 23 . Revision to must be reviewed and approved b the lot line mu pp Y the Planning Staff. /d.. A wooden stockade fence of the same size and style of the fence constructed in Meadowood I must be constructed between Rt. 125 and the rear lot line of Lot 10 and along the property boundary between Lots 10, 15, 16 , and 17 and the Gallant property. A note must be added to the plan showing the location of the fence. 2 . Prior to any work on site, the applicant must inform the Town Planner prior to tree cutting. Any tree cutting shall be kept to a minimum throughout the project in order to 2 e . minimize erosion and preserve the natural features of the site. 3 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Meadowood III Definitive Subdivision Conditional Approval must be followed. _.. 4- Prior to FORM U verification for an individual lot, , r a. Lots 10 18 g 23 and 24 require a special permit from the Planning Board for access to the lot other than over the legal frontage. A special permit must be obtained, recorded with the Registry of Deeds, and copy of the recorded decision received by the Planning Office prior to receipt of a building permit for those lots. E I i b. Lots 24 and 25 require a special permit from the Planning Board for access via a common driveway. A permit special it must be obtained recorded with the P p I Registry of Deeds, and a copy of the recorded decision ;r received by the Planning Office prior to issuance of a _. .......... .......... _._ .,..__ building permit for those lots. y... 5. Prior to a Certificate of occupancy being issued for an individual lot: a. Prior to occupancy of Lot 10, the wooden stockade fence referenced in Condition l(d) must be installed and reviewed by the Town Planner. b. Roof drains and leach pits must be constructed as shown on the plan and reviewed by the Town Planner and the Division of Public Works. c. The site shall be continuously reviewed by the Planning Board and Staff. Any additional screening as may be reasonably required by the Planning Board shall be added at the applicant ' s expense. d. All disturbed areas on the lot in question must be stabilized. e, All site amenities associated with the lot in question shall be installed, (ie, fences, landscaping, walkways and driveways) f. The lot must be raked, loamed and seeded; sodded; or mulched if weather conditions do not permit seeding or sodding, 3 6. Prior to the final release of security, the conditions outlined in the Meadowood III 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 connections to utilities, 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. 9 . Any action by a Town Board or Commission or Department which requires changes in the roadway alignment, drainage facilities, grading or no- cut lines may subject this decision to a modification by the Planning Board. 10. 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 . 11. All construction shall commence within two (2) years from the date of this approval, August 24,, 1996 and shall be completed within five (5) years from the date of this approval August 24 , 19.99. If construction has not commenced or been completed in this time frame this decision will be automatically rescinded. 12 . This Special Permit approval is based upon a Definitive Subdivision Conditional Approval . The Special Permit and Definitive Subdivision approvals are both based upon the following information: Plans: Special Permit and Definitive Plans Meadowood III North Andover, Mass. owner and Developer: Hillside Realty Trust P.o. Box 6700 -Suite 209 North Andover, Mass. Prepared by: Merrimack Engineering Services, Inc. 66 Park Street North Andover, MA Sheet 1: Title Sheet April , 1994 Sheet 2 : Property Line Plan April, 1994 ; rev. 8/3/94 Sheet 3 : Grading Plan 4 April, 1994 ; rev. 8/3/94 Sheet 4 : Plan & Profile April, 1994 ; rev. 8/3/94 Sheet 5: Detail April, 1994 = Sheet 6: Conditions of Approval April, 1994 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Meadowoodlll .R6 5