HomeMy WebLinkAbout20230119 Planning I - Salem Forest 3!. P6A8hING GGAGG ��
DAI?
T�p�GOWefv o.r NORTIi nNnovER
Nohit§t.!.:ov- ASSACHUSE,TTs
MAY
3+: Any appeal shall be filed
within (20) days after the
�'.':'•' date of filing of this Notice
in the Office of the,Town,
Clerk. .
NOTICE OF DECISION
Date .... ABxll..27 .. 19.117 .........
Date of Hearing .Mart h .2 . 19.$7. .
Petition of ......... GeQrt3.e.Farx...........................................
Premises affected ....... Jiawiz As.Lane,,..Lvts..4.&. ITT)..
Referring to the above petition for a special permit from the requirements
of the . , . Rarth. Andovex..ZQuing 1..:v~Qiamvn. RzjVVWAY
so as to permit ..the. cons truction.And. use. .Qf.an. individual.dt~iveway..
fo4 .the. guzposa .of . 9A trniug..acce ss..to . tWo .s t z�s3� e . tami.t x . k�vuse.lvt�.•.
After a public hearing given on the above date, the Planning Board voted
conditionally
to ..appx.Qve...... the ... Spevial.Parfait.....................................
This Is to ceriify that twenty (20) digs
have elapsed from date of decision filed
without filing of anappeal.
Date ? S
6
Daniel ng,
Town Clerk
ATUST:
A True &PY
Town Clerk
based upon the following conditions:
Signed
Clia}f'lnarl
Michael P. Roberts_ Vice -Chairman
..
John L.: Simons,. Clerk
Paul A. Hedstrom
. . .. . . ...........
John J. Burke
... .......
i�lnnn1 BOnrd ,
76
oi7FICIF' OF:
APPEALS
BUILDING
CONSERVATION
HEALTH
PLANNING
Town of
NORTH ANDOVER
•kOOae `� DIVISION OF
.PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P: NELSON, DIRECTOR
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
RE: Hawkins Lane, Lots 4 and
Salem Forest Definitive
Common Driveway Special
APPROVAL
Dear Mr. Long:
120 Mnin Strect
North Andover,
Massachusetts O 1845
16 1 7) 685-4775
April 27, 1987
� T
c.r% z;f!n�
5 m
Subdivision
Permit
The North Andover Planning Board held a public hearing upon
the application of George Farr on Monday evening March 21 1987 in
the Town Office Meeting Room. The hearing was advertised in the
North Andover Citizen on February 5 and 12, 1987. The following
members were present: Michael P. Roberts, Vice -Chairman, Erich-W.
Nitzsche, Chairman, John Simons, Clerk, John J. Burke, and Paul A.
Hedstrom. The decision was rendered at the April 27, 1987
Planning Board meeting, whereby all of the aforementioned board
members were present and voting.
The petitioner seeks a Special Permit for a common driveway to
service two lots under Section 2.30.1 of the North Andover Zoning
Bylaw. The premises is known as Lot 4 and 5 Hawkins Lane, located
on the south side of said street. Both lots are in the
Residential-2 (R-2) Zoning District designation containing an area
of 3.75 acres and street frontage of 770 feet owned by George and
Wanda Farr.
At the hearing the following discussion took place:
John Simons read the legal notice and letters from the Fire 77
Chief, the Highway Surveyor, the Board of Health and the Police
Department were read into the record. Nora Daghlian from Thomas
Neve Associates, Inc. represented the applicant. Ms. Daghlian
stated the common driveway would be placed away from the ledge and
that it would minimize the amount of wetland crossing. Covenants
for lots 4 and 5 have been submitted. The driveway is to be 18
feet wide with a turnaround and the applicant will provide an
additional fire hydrant if requested by the Fire Chief.
The Planning Board rendered their decision at their April 27,
1987 meeting. The following members were present and voting:
Erich Nitzsche, Michael Roberts, Paul Hedstrom, John Burke and
John Simon.
VOTE: Motioned by Michael Roberts, seconded by John Burke to
unanimously approve the common driveway Special Permit for
Lots 4 and 5, Hawkins Lane of North Andover, MA subject to
the following:
1. The turnouts shall be constructed in the locations
approved by the Planning Board and the Fire Department for
the purpose of emergency vehicle access to dwellings.
2. A permanent stone marker shall be placed at the entrance
to the driveway designating the permanent house numbers to
be engraved on every side of the marker. This shall be
made clearly visible from all directions of Foster Street.
3. The covenant submitted by Thomas Neve Associates, Inc.
for George Farr which outlines responsibilities of ,
maintenance shall be recorded at the Registry of Deeds.
Proof of recording shall be made as part of the orders of
conditions. The Town of North Andover shall not be
responsible for maintenance or servicing said common
driveway.
4. Upon completion of the driveway, house construction and
landscaping and prior to issuance of an occupancy permit,
the applicant shall request a letter of compliance from
the Planning Board accompanied by a certification and as
built plan from the project engineer who prepared the plan
stating that the work has been completed in accordance
with the submittal plans, approval of other town
departments and this conditional permit.
5. The common driveway easements shall be shown on plan to be
78 recorded at the Registry of Deeds and referenced in the
deeds as easements. All conditions shall be listed on
said plan.
6. The applicant will comply with the NACC Orders of
Conditions issued April 1, 1987, DEQE File No. 242-388.
In granting the Special Permit requests, the Planning Board,
pursuant to Section 10.31 - Conditions for Approval of Special
Permits of the Zoning Bylaw, find the following:
a. The proposed common driveway are appropriate locations for
such a use due to the extensive wetland between the
Hawkins Lane and the proposed house dwelling locations;
b. The common driveway, as proposed, with the required
changes, will not adversely affect the neighborhood
provided the conditions of the approval are adhered to;
c. There will be no nuisance or serious hazard to vehicles or
pedestrians by the constructions of the common driveway;
d. Adequate and appropriate facilities will be provided for
the proper operation of the proposed use, specifically by
means of a recorded maintenance agreement.
Based on site visits, the public hearing process, and
testimony from town boards and departments, the proposed common
driveways are in harmony with the general purpose and intent of
the Town Zoning Bylaw, specifically Section 2.30.1.
"A way located on a lot which provides vehicular access to
the building on the lot. Each driveway shall service no
more than one lot. Subject to the granting of a Special
Permit from the Planning Board, a driveway may be shared
by not more than three (3) lots. Each such shared
driveway must be regulated by a recorded maintenance
agreement running in perpetuity with the land."
Sincerely,
PLANNING BOARD
Erich W. Niue
r
Chairman
/tw
cc: Highway Surveyor
Board of Public Works
Tree Warden
Conservation Administrator
Building Inspector
Board of Health
Assessor
Police Chief
Fire Chief Engineer
Applicant File
«H } r
OFFICES OF:zo "og Town ®f
APPEALS «NORTHANDOVER
BUILDING
CONSERVATION C166�« DIVISION OF
FIF_ALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
April 7, 1987
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
RE: Hawkins Lane, Lots 4 and 5
Salem Forest Definitive Subdivision
Common Driveway Special Permit
APPROVAL
Dear Mr. Long:
120 Main Street
North Andover,
Massachusetts o 1845
(617) 685 4775
The North Andover Planning Board held a public hearing upon
the application of George Farr on Monday evening March 2, 1987 in
the Town Office Meeting Room. The hearing was advertised in the
North Andover Citizen on February 5 and 12, 1987. The following
members were present: Michael P. Roberts, Vice -Chairman, Erich W.
Nitzsche, Chairman, John Simons, Clerk, John J. Burke, and Paul A.
Hedstrom. The decision was rendered at the April 6, 1987 Planning
Board meeting, whereby all of the aforementioned board members
were present and voting.
The petitioner seeks a Special Permit for a common driveway to
service two lots under Section 2.30.1 of the North Andover Zoning
Bylaw. The premises is known as Lot 4 and 5 Hawkins Lane, located
on the south side of said street. Both lots are in the
Residential-2 (R-2) Zoning District designation containing an area
of 3.75 acres and street frontage of 770 feet owned by George and
Wanda Farr.
At the hearing the following discussion took place:
John Simons read the legal notice and letters from the Fire
Chief, the Highway Surveyor, the Board of Health and the Police
Department were read into the record. Nora Daghlian from Thomas
Neve Associates, Inc. represented the applicant. Ms. Daghlian
stated the common driveway would be placed away from the ledge and
that it would minimize the amount of wetland crossing. Covenants
for lots 4 and 5 have been submitted. The driveway is to be 18
feet wide with a turnaround and the applicant will provide an
additional fire hydrant if requested by the Fire Chief.
The Planning Board rendered their decision at their April 6,
1987 meeting. The following members were present and voting:
Erich Nitzsche, Michael Roberts, John Burke, Paul Hedstrom, and
John Simon.
VOTE: Unanimously to approve the common driveway Special Permit
for Lots 4 and 5, Hawkins Lane of North Andover, MA
subject to the following:
1. The turnouts shall be constructed in the locations
approved by the Planning Board and the Fire Department for
the purpose of emergency vehicle access to dwellings.
2. A permanent stone marker shall be placed at the entrance
to the driveway designating the permanent house numbers to
be engraved on every side of the marker. This shall be
made clearly visible from all directions of Foster Street.
3. The covenant submitted by Thomas Neve Associates, Inc.,
for George Farr which outlines responsibilities of
maintenance shall be recorded at the Registry of Deeds.
Proof of recording shall be made as part of the orders of
conditions. The Town of North Andover shall not be
responsible for maintenance or servicing said common
driveway.
4. Upon completion of the driveway, house construction and
landscaping and prior to issuance of an occupancy permit,
the applicant shall request a letter of compliance from
the Planning Board accompanied by a certification and as
built plan from the project engineer who prepared the plan
stating that the work has been completed in accordance
with the submittal plans, approval of other town
departments and this conditional permit.
5. The common driveway easements shall be shown on plan to be
recorded at the Registry of Deeds and referenced in the
deeds as easements. All conditions shall be listed on
said plan.
6. The applicant will comply with the NACC Orders of
Conditions issued April 1, 1987, DEQE File No.
In granting the Special Permit requests, the Planning Board,
pursuant to Section 10.31 - Conditions for Approval of Special
Permits of the Zoning Bylaw, find the following:
a. The proposed common driveway are appropriate locations for
such a use due to the extensive wetland between the
Hawkins Lane and the proposed house dwelling locations;
b. The common driveway, as proposed, with the required
changes, will not adversely affect the neighborhood
provided the conditions of the approval are adhered to;
C. There will be no nuisance or serious hazard to vehicles or
pedestrians by the constructions of the common driveway;
d. Adequate and appropriate facilities will. be provided for
the proper operation of the proposed use, specifically by
means of a recorded maintenance agreement.
Based on site visits, the public hearing process, and
testimony from town boards and departments, the proposed common
driveways are in harmony with the general purpose and intent of
the Town Zoning Bylaw, specifically Section 2.30.1.
"A way located on a lot which provides vehicular access to
the building on the lot. Each driveway shall service no
more than one lot. Subject to the granting of a Special
Permit from the Planning Board, a driveway may be shared
by not more than three (3) lots. Each such shared
driveway must be regulated by a recorded maintenance
agreement running in perpetuity with the land."
Sincerely,
PLANNING BOARD
Erich W. Nitzsche,
Chairman
EWN:nrs
cc: Fire
Highway
Public Works
Tree Dept.
NACC
Police
Health
Building Inspector
Assessor
Applicant
Engineer
File
Interested Parties
TOWN OF NORTH ANDOVER
120 Main Street
North Andover, MA. 01845
685-4775
February 3, 1987
PUBLIC HEARING
Notice is hereby given that the North Andover Planning Board will
hold a Public Hearing on Monday evening, February 23, 1987
at.8:00 p.m. in the Town Office Meeting Room with all parties interested
in the application of GEORGE PARR requesting a Special Permit under Section
2.30.1 COMMON DRIVEWAY of the Zoning Bylaw, so as to permit the construction
and use of an individual driveway forthepurpose of gaining access to two
single family house lots,.lot #4 and #5, on the south side of HAWKINS LANE.
The premises affected -are in an R-2 Zoning District with an area of 3.75 +
acres and a street frontage of 770 feet owned by George & Wanda Farr.
Plans available in the North Andover Planning Office.
Per Order of the North Andover Planning Board
By: Erich W. Nitzsche, Chairman
Publish: North Andover Citizen, February 5 and February 12, 1987.
COVENANT FOR COMMON DRIVEWAY
WE, George H. Farr and Wanda H. Farr, recorded in Essex
North District Registry of Deeds in Book 1087, Page 314, fee
owners of the following described real property located in North
Andover, Essex County, Commonwealth of Massachusetts and shown
as Lots 4 and 5 on a plan entitled "Definitive Subdivision Plan
of Salem Forest III" located in North Andover, Massachusetts,
Scale 1"=40' dated November 26, 1986 and revised January 23,
1987, Prepared by Thomas E. Neve Associates, Inc., 447 Boston
Street, Topsfield, MAssachusetts, 01983, and recorded in the
Essex County Registry of Deeds as Plan No.10973, hereby make
the following declaration as to the installation, maintenance
and use of a common driveway to be constructed on said lots,
and hereby specify that such declaration shall constitute
covenants to run with all the land, as provided by law, and
shall be binding on all parties and all persons claiming under
them, and for the benefit of and limitations on all future owners
of said lots, this declaration being designed for the purpose
of keeping the lots desireable, uniform and suitable for use
as hereinafter specified:
That the owner or owners of said lots and all of their
successors and assigns shall contribute equally to the
construction and maintenance of the common driveway to be
/9
so constructed. Said covenant shall include, but not be limited
to repair and snow removal.
WITNESS our hands and seals this 1-5th day of -January, 1987.
Wanda H. Farr
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. January 15,1987
on this 15th day of January, 1987, before me
personally appeared George and Wanda Farr and acknowledge the
foregoing to be their free act and deed.
t
d � N
Recorded Apr.29,1988 at 10:39AM, #9296
Commission Expires:
OFFICES OF: o"° Town of
Af'-EALS NORTH ANDOVER
BUILDING "•'�r,er%.g
CONSERVATION `"° DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: PLANNING BOARD
FROM: SCOTT A. STOCKING,,,O�PLANNER
RE: SALEM FOREST III MODIFICATION
DATE: OCTOBER 1, 1987
120 Main StreCt
Norin Andover,
N4asSOCI MSC11S 0 1845
(617) 085 4775
After my discussion with Tom Neve regarding the above cited
subdivision, the action requested of the Planning Board is
to vote on a new decision which includes the following
changes:
1) Delete the following conditions issued on May 6, 1987
condition number 1, 5, 10,and 12.
2) Change the wording in condition 8 to read that the
applicant shall provide an easement to the town in
order to provide public access to the State Forest.
Reason: I don't believe the town wants a 20' wide
strip of land, due to maintance and liability issues.
3) Condition 11, require that parcel A, be deadicated to
the town as part of the right-of-way for Patton Lane
and Hawkins Lane.
4) All other conditions stated in the original decision
will remain the same.
Please note that the plan has changed due to Conservation
Commission action which required the cul-de-sac moved 201.
Planning Board to vote on these proposed changes in
approving the modification as submitted.
sas15
1 riF.Cr.ili C 1
4110tice to APPLICANT/TOWN 'V and certification of Action of Planning Board
on Def -tive Subgi.visi &PJ' re t4. *3Fp .
LEM,,,�(dRFST III j
George Farr dated December 8, / 19 86
*
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 con-
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. c. 41t S. 81-U.
2. That -all such construction and installations shall in all respects
conform. to the governing rules and regulations of this Board.
9.. That/ as required by the North Andover Board of Health in its report to
this Board/ no building or other'structure shall be built or placed upon Lots
No. _ as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
See attached conditions.
In the event that no appeal shall have been taken from said.approval within
twenty days from this date/ the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
* * * * * 4i * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.* *
RAC d MAY 61 MI
Dates May 6, 1987
By: Erich W. Nitzsche
SALEM FOREST III
CONDITIONAL APPROVAL
. The drainage computations are technically correct,
however IEP explains the installation of a new 10' by 5'
concrete box culvert will lower the flood stage upstream
of .the proposed �awkins Lane from elevation 106.2 to
elevation 105.8. This lower flood stage will result in
a loss of available flood storage in the upstream,
meadow of probably more than 15 acre feet. The flood.
.storage capability of the upstream meadow attenuates
flood flows downstream. The loss of available flood
storage in that meadow would in all probability increase
peak flows downstream not only in the 100 year storm but
also in all minor storms. This would, also in all
probability, negatively effect the environmental balance.
of the existing meadow over a long period of time by
lowering of the water surface. In light of• the fact
that no testimony has been presented to refute this
belief, the Planning Board requires the applicant to
restore the existing flood stage elevation 106.2 and
redesign the crossing to assimilate existing conditions
in all storms. Further, the drainage computations must
be performed by, and signed and stamped by a
professional engineer in the proper discipline of
Hydrology and Hydraulics. The revised. drainage
calculations will include, as a minimum, the topographic,
outline of the upstream meadow and its storage capacity
as well as an inventory of the wetland plant and
wildlife species that may be effected by any change in
the existing conditions.
2. The developer shall not place the coat of bituminous
pavement until an interim as built and certification by
the Design Engineer has been submitted and improved by
the Planning Board indicating that all utilities have
been installed and are correct in accordance with the
.approved definitive subdivision plans and profiles.
said certification will include as a minimum all
drainage facilities.
3. No lot(s) or group of lots shall be released from the
statutory covenant until the binder coat of bituminous
pavement has been installed and a certification by the
Design Engineer has been submitted stating that the
pavement is in the correct vertical and horozontal
alignment as approved in the Definitive Plan.
4. The Planning Board recognizes that it would be
environmentally •correct in the minimizing of wetland
filling and therefore waivers the strict compliance with
the rules and regulations in maintaining proper side
+ -slopes. The board will require the applicant to
increase the side slopes in the area of wetland filling
to allow for a 1 to 1 slope provided, however, that a
guard rail of acceptable standards be installed in those
areas where directed by the Division of Public Works.
Said guard rail shall be set a distance of six (6) feet.
from the gutter line of the roadway and at the top of
the slope and provided further that the lto 1 side slope
be rip -rapped for erosion control to the satisfaction of
the Division of Public Works. This condit-ion shall be
incorporated and shown on the Definitive Plans.
Thee aapplepplicant shall install three (3) water gates at the
intersection of Patton Lane and Hawkins Lane in
accordance with .the rules and regulation.
6.No lots will be released from the statutory�covenan
until the. Conservation Commission and th Board of
Health have approved such lot construction And an Order
-of Conditions has been issued by the Conservation
Commission.
7. The plans shall be revised to incorporate detail
construction specifications for proper installation of
the box culverts inluding, but not limited to: time and d
duration of installation, dewatering, base preparation,
erosion controls and wing wall construction and will
include a separate topographic at a scale of 1" to 20'
of the vicinity of the crossing showing existing and
proposed elevations and work with borings and peat depth
for, approval by the Planning Board and -the Division of
Public Works.
The applicant shall provide a separate 30 foot wide
parcel of land running from Hawkins Lane to the land of
the Commonwealth in the.area between lots 1 and 2.• Said
parcel of land shall be deeded in fee to the Town of .
North Andover and will be used as a pedestrian
access/egress right of' way to the land owned by the
Commonwealth. The .developer shall not remove any
natural vegetation in this parcel -of land during the
roadway and/or lot construction without the approval of
the Planning Board. Any such removal of vegetation will
require the developer to replant and restore the parcel
to its natural condition,
9. -The applicant shall show the exisitng stone bounds on
Patton Lane and on Granville Lane.
O construction whatsoever will be allowed on Hawkins
EN
Lane until Patton Lane has been finished in its entirety
to the satisfaction of the Planning Board .and the
Division of Public Works,. and a Certificate of
Compliance has been issued by the Conservation
Commission.
f
1 The plans will not be endorsed by the
until the status of Parcel 'A' at the
Patton Lane and Hawkins Lane has been
satisfaction of the Planning Board.
Planning Board
intersection of
resolved to the
�
�o common driveways will be allowed in this subdivision,Pp
without a Special Permit under the Zoning Bylaws of the
Town of North Andover:
13. The water main and as main installation shall be shown
on the profile of Hawkins Lane in accordance. with the
rules and regulations of the Planning Board.
19. An additional hydrant shall be installed at the end of
the cul-de-sac.
15. All catch basin outlets will discharge on the upstream
side of Hawkins Lane. In order to minimize the
increased rate of runoff from peak storms, the discharge
from the catch basins at the intersection of Patton and
Hawkins Lanes will empty into a detention pond to be
designed and located between Hawkins Lane and land of
McClung. A, detention drainage easement will be
dedicated. .
16. Applicant shall show proposed dwellings, driveways and
septic systems along with proposed lot grading to
indicate how each lot will support a habitative area and
will not adversely effect abutting properties and other
lots within the subdivision.
QN
Q
FtF CK!V 10
Notice to APPLICANT/TOWN e and certification of Action of Planning Board
on Definitive SubdivisiolR(P,4ii1ent3,t_�pd: _
SALEM FOREST III
By: George FarrMAYdated December 811 19 86
The North Andover Planning Board has voted to APPROVE said plant subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"1 or otherwise provide security for the con—
struction of ways and the installation of municipal services within said sub—
divisionl all as provided by G.L. c. 411 S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That1 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 conditions.
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
* * * * * * * * * * * * * * * * * * * * * * * * * it * * * * * * * * * * * *
IO�r 11,�'pYk '� :erN 'is`f:, .1;�•'r/l g r.11:e r.• .i.; .rl. .Er.!
Date: May 6, 1987 By: Erich W. Nitzsche
SALEM FOREST III
CONDITIONAL APPROVAL
1. The drainage computations are technically correct,
however IEP explains the installation of a new 10' by 5'
concrete box culvert will lower the flood stage upstream
of the proposed hawkins Lane from elevation 106.2 to
elevation 105.8. This lower flood stage will result in
a loss of available flood storage in the upstream
meadow of probably more than 15 acre feet. The flood
storage capability of the upstream meadow' attenuates
flood ,flows downstream. The loss of available flood
storage in that meadow would in all probability increase
peak flows downstream not only in the 100 year storm but
also in all minor storms. This would, also in all
probability, negatively effect the environmental balance
of the existing meadow over a long period of time by
lowering of the water surface. In light of the fact
that no testimony has been presented to refute this
belief, the Planning Board requires the applicant to
restore the existing flood stage elevation 106.2 and
redesign the crossing to assimilate existing conditions
in all storms. Further, the drainage computations must
be performed by, and signed and stamped by a
professional engineer in the proper discipline of
Hydrology and Hydraulics. The revised. drainage
calculations will include, as a minimum, the topographic
outline of the upstream meadow and its storage capacity
as well as an inventory of the wetland plant and
wildlife species that may be effected by any change in
the existing conditions.
2. 1 The developer shall not place the coat of bituminous
pavement until an interim as built and certification by
the Design Engineer has been submitted and improved by
the Planning Board indicating that all utilities have
been installed and are correct in accordance with the
approved definitive subdivision plans and profiles.
Said certification will include as a minimum all
drainage facilities.
3. No lot(s) or group of lots shall be released from the
statutory covenant until the binder coat of bituminous
pavement has been installed and a certification by the
Design Engineer has been' submitted stating that the
pavement is in the correct vertical and horozontal
alignment as approved in the Definitive Plan.
i
4. The Planning Board recognizes that it would be
environmentally correct in the minimizing of wetland
filling and therefore waivers the strict compliance with
the rules and regulations in maintaining proper side
' I �
slopes. The board will require the applicant to.
increase the side slopes in the area of wetland filling
to allow for a 1 to 1 slope provided, however, that a.
guard rail of acceptable standards be installed in those
areas where directed by the Division of. Public Works.
Said guard rail shall be set a distance of six (6) feet
from the gutter line of the roadway and at the top of
the slope and provided further that the lto 1 side slope
be rip -rapped for erosion control to the satisfaction of
the Division of Public Works. This condition shall be
incorporated and shown on the Definitive Plans.
5. The applicant shall install three (3) water gates at the
intersection of Patton Lane and Hawkins Lane in
accordance with the rules and regulation.
6. No lots will be released from the statutory covenant
until the Conservation Commission and the Board of
Health have approved such lot construction and an Order
of Conditions has been issued by the Conservation
Commission.
7. The plans shall be revised to incorporate detail
construction specifications for proper installation of
the box culverts inluding, but not limited to: time and
duration of installation, dewatering, base preparation,
erosion controls and wing wall construction and will
include a separate topographic at a scale of 1" to 20'
of the vicinity of the crossing showing existing and
proposed elevations and work with borings and peat depth
for approval by the Planning Board and the Division of
Public Works.
8. The applicant shall provide a seperate, 30 foot wide
parcel of land running from Hawkins Lane to the land of
the Commonwealth in the area between lots 1 and 2.• Said
parcel of land shall be deeded in fee to the Town of
North Andover and will be used as a pedestrian
access/egress right of way to the land owned by the
Commonwealth. The developer shall not remove any
natural vegetation in this parcel of land during the
roadway and/or lot construction without the approval of
the Planning,Board. Any such removal of vegetation will
require the developer to replant and restore the parcel
to its natural condition.
9.. The.applicant shall show the exisitng stone bounds on
Patton Lane and.on Granville Lane.
10. No construction whatsoever will. be allowed on Hawkins
Lane until Patton Lane has been finished in its entirety
to the satisfaction of the Pl.anning Board and the
Division of Public Works, and a Certificate of
Compliance has been issued by the Conservation
Commission.
11. The plans will not be endorsed by the Planning Board
until the status of Parcel 'A' at the intersection of
Patton Lane and Hawkins Lane has been resolved to the
satisfaction of the Planning Board.
12. No common driveways will be allowed in this subdivision
without a Special Permit under the Zoning Bylaws of the
Town of North Andover.
13. The water main and gas main installation shall be shown
on the profile of Hawkins Lane in accordance with the
rules and regulations of the Planning Board.
14. An additional hydrant shall be installed at the end of
the cul-de-sac.
15. All catch basin outlets will discharge on the upstream
side of Hawkins Lane. In order to minimize the
increased rate of runoff from peak storms, the discharge
from the catch basins at the intersection of Patton and
Hawkins Lanes will, empty into a detention pond to be
designed and located between Hawkins Lane and land of
McClung. A detention drainage easement will be
dedicated.
16. Applicant shall show proposed dwellings, driveways and
septic systems along with proposed lot grading to
indicate how each lot will support a habitative area and
will not adversely effect abutting properties and other
lots within the subdivision.
TOWN. OF NORTH ANDOVER
120 Main Street
North Andover, MA. 01845
685-4775
LEGAL NOTICE
Notice is hereby given that the PLANNING BOARD of North Andover
will hold a Public Hearing on.Monday evening, January 12,, 1987
at 8:30 p.m. .in the Town Office Meeting Room with all parties
interested in the application of GEORGE H. FARR. requesting
approval of a subdivision entitled SALEM FOREST III, pursuant
to the provisions of-G.L. Chapter 41, Section 81-T, under the
requirements of the Subdivision of Land of the Planning Board
in the Town of North Andover, the following described parcel of
land,'bounded as follows and containing,12 acres, more or less,
subdivided into 5 lots in'a Residential=2 Zoning District:
Northerly:' By the Granville, Lane Subdivision;
Easterly: By Patton Lane Subdivision;
Southerly: By Harold.Par.ker State Forest;
Westerly:., By other.land of George Farr.
Per'Order of the North Andover Planning Board
:zsche, Chairman
Andover Citizen, December 18 and 24, 1986.
Notice to APPLICAWTOWN CLERK and Certification of Action of Planning Board 81
on Definitive Subdivision Plan entitled: MODIFICATION OF
SALEM FOREST III
By: George Farr dated July 27 198N
*war***
The North Andover Planning Board has voted to APPROVE said plant subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"9 or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
division$ all as provided by G.L. c. 41f S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. Thatq as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
JWX"#iWYfsM1M3511i#K
NOTE: This decision replaces the Planning Boards initial decision
on this definitive subdivision issued on May 6, 1987. '
The reason for this modification is to incorporate the
Board's list of conditions into the plan as well as
. address the Order of Conditions issued by the "
' Conservation Commission on April 1,1987.'
See attached conditions.'
0
- - .. .,. ram• n-;�
;az
n:
O
In the event that no appeal shall have been taken from said approval wittIft
twenty days from this date# the North Andover Planning Board will forthwith s
thereafter endorse its formal approval upon said plan. —�
The North Andover Planning Board has DISAPPROVED said plans for the following
reasons: ATTEST:
A True Copp
Town Clerk
NORTH ANDOVER PLANNING BOARD
Date: October 22, 1987 By: Paul A. Hedstrom, Chairman
b2 SALEM FOREST III
CONDITIONAL APPROVAL
-. %� In
4. The developer shall not place the coat.,�f $itiirtind s pavement
until an interim As -Built and certi�"ication by the Design
Engineer has been submitted and approved by the Planning Board
indicating that all utilities have been installed and are
correct in accordance with the approved definitive subdivision
plans and profiles. Said certification will include as a
minimum all drainage facilities.
5. No lot(s) or group of lots shall be released from the statutory
covenant until the binder coat of bituminous pavement has been
installed and a certification by the Design Engineer has been
submitted stating that the pavement is in the correct vertical
horizontal alignment as approved in the Definitive Plan.
6. The Planning Board recognizes that it would be environmentally
correct in the minimizing of wetland filling and therefore
waivers the strict compliance with the Rules and Regulations
in maintaining proper side slopes. The Board will require the
applicant to increase the side slopes in the area of wetland
filling to allow for a 1 to 1 slope provided, however, that a
guard rail of acceptable standards be installed in those areas
where directed by the Division of Public Works. Said guard
rail shall be set a distance of six (6) feet from the gutter
line of the roadway and at the top of the slope and provided
further that the 1 to 1 side slope be rip -rapped for erosion
control to the satisfaction of the Division of Public Works.,
This condition shall be incorporated and shown on the Definitive
Plans.
7. No lots will be released from the statutory covenant until the
Conservation Commission and the Board of Health have approved
such lot construction and an Order of Conditions has been issued
by the Conservation Comission.
8. The plans shall be revised to incorporate detail construction
specifications for proper installation of the box culverts
including, but not limited to: time and duration of installation,
dewatering, base preparation, erosion oontrols and wing wall
construction and will include a separate topographic at a
scale of 1" to 20' of the vicinity of the crossing showing
existing and proposed elevations and work with borings and
peat depth for approval by the Planning Board and the Division
of Public Works.
9. The applicant shall provide 30 foot wide easement granted to
the Town running from Hawkins Lane to the: land of the
Commonwealth in the area between lots 2 and 3. Said easement
will be used as a pedestrian access/egress right-of-way and
provide emergency access to the land owned by the Commonwealth,
The developer shall remove a 15' area wide of all natural vegetation
found within this easement, grubed and cleared. Stone monuments
shall be placed adjacent to the Hawkins Lane right-of-way at
each easement line. The monuments shall include the wording:
"Public Access".
SALEM FOREST III 8�
10. The applicant shall show the existing stone bounds on Patton
Lane and on Granville Lane._
11. Parcel 'A' shown on the plans at the intersection of Patton
Lane and Hawkins Lane shall be eliminated. Area shown as
parcel 'A' will be deemed part of the right-of-way for both
streets.
12. The water main and gas main installation shall be shown on the
profile of Hawkins Lane in accordance with the Rules and
Regulations of the Planning Board.
13. An additional hydrant shall be installed at the end of the
cul-de-sac.
14. Applicant shall show proposed dwellings, driveways and septic
systems along the proposed lot grading to indicate how each
lot will support a habitative area and will not adversely
effect abutting properties and other lots within the subdivision.
15. All easements shall be submitted and executed by the Planning
Board prior to endorsing the plans.
16. A letter from DPW stating that the DPW has no problems
regarding the redesign of the roadway, prior to endorsing
the plans.
cc: Director of Public Works
Public Works Department
Highway Surveyor
Tree Warden
NACC
Building Inspector
Board of Health
Assessor
Police Chief
Fire Chief .
Applicant
Engineer _
W
n erested Parties o
Recorded Apr,29,1938 at 1O:39AM #q'297 0
• CJ
0
SUBDIVISION CONTROL AGREEMENT SECURING THE
CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES
Agreement made'this 6th day of August, 1979, by and between
George H. Farr, hereinafter referred to as the "Applicant"; Andover
Savings Bank, hereinafter referred to as the "Lender"; and the Town
of North Andover, acting through its Planning Board, hereinafter
referred to as the "Board", vis:
Whereas, pursuant to the provisions of the Massachusetts Sub-
division Control Law and the Board's Rules and Regulations adopted
thereunder, the Board has approved a definitive plan entitled "Salem
Forest," dated May, 1975, and revised September 1, 1975.
The Applicant and the Board have agreed upon conditions of
approval which conditions have been inscribed on said Plan, which
conditions are as follows:
1. That the record owner of the subject land forthwith execute
and record a covenant running with the land or otherwise
provide security for the construction of ways and the
installation of municipal Services within said subdivision.
2. All improvements and design standards shall meet the
requirements of the rules and regulations governing the
subdivision of land in the Town of North Andover in effect
on the signing of these plans.
3. Water installation shall be in accordance with the Board of
Public Works.
4. Each lot shall require individual disposal system permits
subject to the Board of Health Rules and Regulations.
5. A temporary turn -around to town specifications will be
installed as soon as possible.
- 1 -
2 _
Whereas an agreement was entered into on May 23, 1978,
by the said parties, which secured the construction of ways and
municipal services from Station 0 + 00 to 30 + 50 of Granville
Lane, as shown on a plan entitled "Definitive Subdivision Plan of
Salem Forest, May 1975 and revised September 1, 1975."
Whereas, in accordance with the terms of the said May 23, 1978
agreement, an amount of $52,175.00 is presently being withheld by
the said Lender, and the said Board has possession of a Bay State
National Bank savings account passbook with principal and interest in
the amount of $9,944.00, which equals a total amount of $62,119.00
presently being withheld to secure said construction of ways and
municipal service, from Station 0 + 00 to 30 + 50 of Granville Lane.
.Whereas, said amount currently being withheld is in excess of
the amount necessary to secure the remaining work required under the
terms of the said May 23, 1978 agreement.
Whereas, the Applicant now wishes to secure the completion of
the construction of the ways and municipal services for the remaining
approximately 964 feet of Granville'Lane as shown on said plan.
Whereas, it is determined by the Board that an amount of $89,000.00
will sufficiently secure the completion of ways and municipal
services for the entire Granville Lane roadway as shown on said plan.
Now, therefore, it is understood and agreed that the Lender
shall continue to withhold the sum of $52,175.00, and the Board
shall continue to withhold the sum of $9,944.00, contained in said
savings account passbook, and the Applicant shall deposit a further
amount of $26,881.00 in said savings account held by the
Board, for a total amount of $89,000.00 withheld, to secure the
completion of the construction of ways and municipal services for
the entire Granville Lane roadway as shown on said plan.
The Board shall release only such funds, from time to time, as
approved by a vote of the Board as the ways and municipal services
shall be deemed to have been completed or partially completed in
accordance with its applicable rules and regulations.
It is further agreed and understood that all of the above
services and ways shall be completed no later than October 1, 1980, and
the roadway binder courses no later than October 1, 1979 for the final
964 feet unless the dates be extended by written amendment by mutual
agreement of the parties thereto.
In the event the work is not completed within the times set forth
or as extended, said funds as retained by the Lender shall be made
available to the Board for completion of the work, and the Applicant
shall be deemed to have authorized the release of said funds for
said purpose, and to have relinquished all claim to said funds.
The obligations of the parties hereunder are to be construed
consistent with the subdivision control law, and no rights granted
thereunder are waived.
Executed as a sealed agreement on the date first written above.
TOWN OF NORTH ANDOVER
PLANNING BOARD
BY
Chairman, acting for the
Town of No. Andover.
ANDOVER SAVINGS BANK
Its As�tant Vice President
- •4 -
APPLICANT
GEORGE H. FARR
By ��. �Cl/1/Z
Preside
n - Farr Better Homes, Inc,
RESTRICTIVE COVENANTS
Pursuant to the requirements of the Planning Board of the
Town of North Andover in connection with its approval of the
Definitive Subdivision Plan entitled:
DEFINITIVE SUBDIVISION PLAN OF SALEM FOREST III LOCATED IN
NORTH ANDOVER, MASSACHUSETTS
Owner and Applicant: George H. Farr and Wanda H. Farr
Engineer: Thomas E. Neve Associates, Inc.
Recorded as Plan No. 10973 on January 7, 1988 at the Essex
North District Registry of Deeds
The undersigned Farr Better Homes, Inc. a Massachusetts
Corporation having its usual place of business in North Andover,
Essex County, Massachusetts does hereby covenant and agree with
the Town of North Andover Planning Board that the property shown
on said Plan shall be subject to conditions one through sixteen
inclusive contained in the Town of North Andover Planning Board
Modification Approval of Salem Forest III dated October 22, 1987
and filed with the Town Clerk's office of North Andover as
follows:
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 construction of ways and the
installation of municipal services within said subdivision, all
as provided by G.L. c 41, S. 81-U.
2. That all such construction and installations shall in
all respects conform to the governing rules and regulations of
this Board.
3. That, as required by the North Andover Board of Health
in its report to this Board, no building or other structure shall
be built or placed upon Lots No. (none) as shown on said Plan
without the prior consent of said Board of Health.
NOTE: This decision replaces the Planning Boards initial
decision on this definitive subdivision issued on
May 6, 1987. The reason for this modification is
to incorporate the Board's list of conditions into
the plan as well as address the Order of Conditions
issued by the Conservation Commission on April 1, 1987. 85
4. The developer shall not place the coat of bituminous
pavement until an interim As -Built and certification by the
Design Engineer has been submitted and approved by the Planning
Board indicating that all utilities have been installed and are
correct in accordance with the approved definitive subdivision
plans and profiles. Said certification will include as a minimum
all drainage facilities.
5. No lot(s) or group of lots shall be released from the
statutory covenant until the binder coat of bituminous pavement
has been installed and a certification by the Design Engineer has
been submitted stating that the pavement is in the correct
vertical horizontal alignment as approved in the Definitive Plan.
6. The Planning Board recognizes that it would be
environmentally correct in the minimizing of wetland filling and
therefore waivers the strict compliance with the Rules and
Regulations in maintaining proper side slopes. The Board will
require the applicant to increase the side slopes in the area of
wetland filling to allow for a 1 to 1 slope provided, however,
that a guard rail of acceptable standards be installed in those
areas where directed by the Division of Public Works. Said guard
rail shall be set a distance of six (6) feet from the gutter line
of the roadway and at the top of the slope and provided further
that the 1 to 1 side slope be rip -rapped for erosion control to
the satisfaction of the Division of Public Works. This condition
shall be incorporated and shown on the Definitive Plans.
7. No lots will be released from the statutory covenant
until the Conservation Commission and the Board of Health have
approved such lot construction and an order of Conditions has
been issued by the Conservation Commission.
8. The plans shall be revised to incorporate detail
construction specifications for proper installation of the box
culverts including, but not limited to: time and duration of
installation, dewatering, base preparation, erosion controls and
wing wall construction and will include a separate topographic at
a scale of 1" to 20' of the vicinity of the crossing showing
existing and proposed elevations and work with borings and peat
depth for approval by the Planning Board and the Division of
Public Works.
9. The applicant shall provide 30 foot wide easement
granted to the Town running from Hawkins mane to the land of the
Commonwealth in the area between lots 2 and 3. Said easement
will be used as a pedestrian access/egress right-of-way and
provide emergency access to the land owned by the Commonwealth.
The developer shall remove a 15' area wide of all natural
vegetation found within this easement, grubed and cleared. Stone
monuments shall be placed adjacent to the Hawkins Lane right-of-
way at each easement line. The monuments shall include the
wording: "Public Access".
SG 10. The applicant shall show the existing stone bounds on
Patton Lane and Granville Lane.
11. Parcel 'A' shown on the plans at the intersection of
Patton Lane and Hawkins Lane shall be eliminated. Area shown as
parcel 'A' will be deemed part of the right-of-way for both
streets.'
12. The water main and gas main installation shall be shown
on the profile of Hawkins Lane in accordance with the Rules and
Regulations of the Planning Board.
13. An additional hydrant shall be installed at the end of
the cul-de-sac.
14. Applicant shall show proposed dwellings, driveways and
septic systems along the proposed lot grading to indicate how
each lot will support a habitative area and will not adversely
effect abutting properties and other lots within the subdivision.
15. All easements shall be submitted and executed by the
Planning Board prior to endorsing the plans.
16. A letter from DPW stating that the DPW has no problems
regarding the redesign of the roadway, prior to endorsing the
plans.
IN WITNESS WHEREOF the said FARR BETTER HOMES, INC. has caused
its corporate seal to be hereto affixed and these presents to be
signed, acknowledged and delivered in its name and behalf by
George H. Farr, its President and Treasurer hereto duly
authorized, this 21st day of April, 1988
Signed and sealed in presence of
FARR BETTER HOMES, INC.
79W�K)-
ra'o ��
Georg H. Farr, President
and Treasurer
THE COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. April 21, 1988
Then personally appeared the above named George H. Farr and
acknowledged the foregoing instrument to be the free act and deed
of FARR BETTER HOMES, INC.
before me,
NoTommission
Pub 'c
My expires
Recorded Apr.29,1988 at 10:39A1`1 1{9298
J
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that I, Coleman P. McDonough, Trustee of McDonough
Realty Trust, under a Declaration of Trust dated April 21, 1988 and recorded in Book
2718, Page 87 at the Essex North District Registry of Deeds, Lawrence, Massachusetts,
hereinafter referred to as Grantor, for full consideration of One Dollar ($1.00) paid,
grant to the New England Telephone and Telegraph Company, hereinafter referred to as
Grantee, a New York corporation having its principal place of business at 185 Franklin
Street, Boston, Massachusetts 02107, its successors and assigns forever with quitclaim
covenants the right and easement to lay, construct, reconstruct, operate, maintain,
replace and remove lines for the transmission of intelligence upon, over, under and
across a certain private way known as HAWKINS LANE as now laid out or as may be laid
out in the future in the Town of North Andover, Essex County, Massachusetts. Said
private way as now laid out and shown on a plan entitled, "Definitive Subdivision Plan
of Salem Forest II Located in North Andover, Massachusetts, Owner and Applicant:
George H. and Wanda H. Farr, 263 Raleigh Tavern Lane, North Andover, Ma. 01845, Thomas
E. Neve Associates, Inc., Topsfield, Massachusetts 01983, Scale 1" = 401, Date: Nov.
26, 1986, Revised: Nov. 6, 1987" and recorded as Plan #10973 at the Essex North
district Registry of Deeds, Lawrence, Massachusetts.
The above granted rights being more particularly described as the perpetual right
within said private way to lay, construct, reconstruct, operate, maintain, replace and
remove underground cables, pipes, conduits, manholes, and such surface testing
terminals, pedestals, repeaters, markers and other appurtenances with wires and/or
cables therein as the Grantee may from time to time desire within said private way and
within strips of land ten (10) feet in width and ten (10) feet in depth along the side
lot line of lots abutting said way, the side lines of said strips shall be parallel
with and five (5) feet distant from the said lot lines, in the event the
aforedescribed facilities cannot be placed within said five (5) foot by ten (10) foot
strips of land then the Grantor and Grantee shall mutually agree upon other five (5)
foot by ten (10) foot strips of land within said lots which shall then become
permanent upon placement of the aforementioned facilities, with the right to cut down
and keep trimmed all trees,, bushes, underbrush and growth including the foliage
thereon as the Grantee may frdm time to time deem necessary for the safe operation of
said lines.
The Grantee shall have the right to connect such conduits, manholes, cables and
wires with the poles, conduits, cables and wires which are located or which may be
placed in parcels of land, private, public ways or streets within, adjacent or
contiguous to the aforesaid premises. Permission is herein granted to enter said
private way, strips of land and premises for all the above purposes.
For Grantors Title see Book 2718, Page 96.
WITNESS our hands and common seal this /dam' day of C�2� 1988.
MCDONOUGHEALTY TRUST
C_
Coleman P. McDonough
COMMONWEALTH OF MASSACHUSETTS
ss. 4 - (2, 1988.
Then personally appeared the above -named Coleman P. McDonough and acknowledged the
foregoing instrument to be his free act and deed and the free act and deed of the
McDonough Realty Trust, before me.
ofa, i
My Commission Expires rj
GRANT OF EASEMENTS
Coleman P. McDonough. Trustee of McDonough Realty Trust under a Declaration of
Trust dated April 21, 1988 and recorded with Essex North District Deeds Book 2718,
Page 76 for consideration paid and for the full consideration of One Dollar and
other good and valuable consideration grants to the Town of North Andover,
Massachusetts, a municipal corporation located in Essex County, Massachusetts and
having an address of 120 Main Street, North Andover, Massachusetts a perpetual
easement for access and egress by foot traffic to town owned land abutting the
locus over the following described area:
That portion of Lots 2 and 3 on a plan entitled "Definitive
Subdivision Plan of Salem Forest III Located In North Andover,
Massachusetts. Owner and Applicant George H, and Wanda Il,
Farr 263 Raleigh Tavern Lane, North Andover, MA 01846
Thomas E. Neve Associates, Inc. Engineers/Surveyors/Lane Use
Planners, 447 Old Boston Road. U.S. Route #1, Topsfield,
Massachusetts 01983" approved by the North Andover Planning
Board on October 26, 1987 and recorded in the Essex North
District Registry of Deeds as Plan 10973 insofar as areas are
depicted on said plan as drainage easements.
The grantor warrants that the aforesaid easements are free and clear of all liens or
encumbrances, that he has good title to transfer the same, and that he will defend
the same against claims of all persons.
For grantor's title see deed from Farr Better Homes. Inc. dated April 21, 1988, and
recorded in Essex North District Registry of Deeds, Book 2718, Page 96.
And Andover Savings Bank of 61 Main Street, Andover, Massachusetts the present
holder of a mortgage on the above described land. which mortgage is dated May 20,
1988, and recorded In said Deeds, on May 24, 1988 as Instrument No. 11629, and a
mortgage dated October 19, 1988, and recorded in said Deeds, on October 19, 1988
as Instrument No. , for consideration paid, hereby releases unto the town
forever from the operation of said mortgage, the rights and easements hereinabove
granted and assents thereto.
And Farr Better Homes, Inc. of 216 Raleigh Tavern Lane, North Andover,
Massachusetts the present holder of a mortgage on the above described land, which
mortgage is dated April 29, 1988. and recorded in said Deeds, Book 2718, Page 100,
for consideration paid. hereby releases unto the town forever from the operation of
said mortgage, the rights an�ea is he eInabovenianted and assents thereto.
Aut raze ign'at re of Me agee i Owner
Authoriz d Signa.ture of Mortgagee
}
IN C`WITN) SSf WHEREOF, we have hereunto set our hands and seals this
day oP,: 19 —"
t COMMONWEALTH OF MASSACHUSETTS
C. 5.5 ss r/ �' � O 1988
Then personally appeared the above named C. P. McDonough. Trustee and
acknowledged the foregoing to be the free act and deed of McDonough Realty
Trust, before me.
Notar, Pub ec
My Com 'ss on Expires:
COMMONWEALTH OF MASSACHUSETTS
�SS�X ss /D aC? 1988
Then Then personally appeared the above named ��ulCn( % 5����1G'((� J�and
acknowledged the foregoing to be the flee act and deed of Andover Savings Bank,
before me.
otary Public
My Commission Expires: 7-/-9`�
COMMONWEALTH OF MASSACHUSETTS
rS2 ?x , ss , 1988
Then personally appeared the above named George H. Farr, President and Treasure
and acknowledged the foregoing to be the free act and deed of Farr Better Homes,
Inc, before me.
Notarti
My C mis'on Expires:
NOTE: This conveyance is not effective until accepted by Town Meeting or the
Board of Selectman
AJIM\l.MCDON.GRE
2
z
KNOW ALL MEN BY THESE PRESENTS
that COLEMAN P. McDONOUGH, TRUSTEE of McDONOUGH REALTY
TRUST under a Declaration of Trust dated April 21, 1988,
recorded with Essex North District Registry of Deeds in Book
Page of North Reading, Massachusetts, (hereinafter
referred to as the Grantor) for consideration of One ($1.00)
dollar, grants to MASSACHUSETTS ELECTRIC COMPANY, a
Massachusetts corporation with its principal place of business
at 25 Research Drive, Westborough, Worcester County,
Massachusetts (hereinafter referred to as the Grantee) with
quitclaim covenants, the perpetual right and easement to
install, construct, reconstruct, repair, replace, add to,
maintain and operate for the transmission of high and low
voltage electric current, an "UNDERGROUND ELECTRIC DISTRIBUTION
SYSTEM" (hereinafter referred to as the "UNDERGROUND SYSTEM")
in North Andover, Essex County, Massachusetts, consisting of
lines of buried wires and cables and lines of wires and cables
installed in underground conduits, together with all equipment
and appurtenances thereto for the furnishing of electric
service to the herein described premises, and without limiting
the generality of the foregoing, but specifically including the
following equipment; namely: manholes, manhole openings,
handholes, junction boxes, transformers, transformer vaults,
padmounts, padmount transformers and all housings, connectors,
switches, conduits, cables and wires all located within the
easement area of the hereinafter described property.
Said "UNDERGROUND SYSTEM" is located in, through,
under, over, across, and upon Lots 1 through 5, inclusive, as
well as a private street or way known as Hawkins Lane all as
shown on a plan entitled: "DEFINITIVE SUBDIVISION PLAN OF
SALEM FOREST III LOCATED IN NORTH ANDOVER, MASSACHUSETTS, OWNER
AND APPLICANT GEORGE H. AND WANDA H. FARR NOV. 26, 1986",
recorded with Essex South District Registry of Deeds as Plan
#10973.
And further, said "UNDERGROUND SYSTEM" (locations of
the electrical equipment and other facilities on the
hereinbefore referred to premises of the Grantor) is laid out
and more particularly shown on a sketch entitled: "GRANVILLE
LANE, PATTON LANE, HAWKINS LANE OFF SALEM STREET NORTH ANDOVER,
MASSACHUSETTS SHEET NUMBER 044-042", said sketch is made a part
hereof by reference thereto, copies of which are in the
possession of the Grantor and Grantee herein, and the final
definitive locations of said "UNDERGROUND SYSTEM" shall become
established by and upon the installation and erection thereof
by the Grantee, in substantial compliance with the hereinbefore
referred to sketch.
- 2 -
Also with the further perpetual right and easement
from time to time to pass and repass over, across and upon said
land of the Grantor as is reasonable and necessary in order to
renew, replace, repair, remove, add to, maintain, operate,
patrol and otherwise change said "UNDERGROUND SYSTEM" and each
and every part thereof, but not the general location thereof,
and to make such other excavation or excavations as may be
reasonably necessary in the opinion and judgment of the
Grantee, its successors and assigns, and to clear and keep
cleared the portions and areas of the premises wherein the
"UNDERGROUND SYSTEM" is specifically located as shown on the
sketch herein referred to, of such trees, shrubs, bushes,
structures, objects and surfaces as may in the opinion and
judgment of the said Grantee, its successors and assigns,
interfere with the safe and efficient operation and maintenance
of said "UNDERGROUND SYSTEM" and other related electrical
equipment. However, said Grantee, its successors and assigns,
further covenants and agrees that after any excavation or
excavations made by it as permitted by this easement, it shall
properly backfill said excavation or excavations and restore
the surface of the land to as reasonably good condition as said
surface was in immediately prior to the excavation or
excavations thereof.
If said herein referred to locations as laid out and
- 3 -
shown on the sketch herein also referred to are unsuitable for
the purposes of the Grantee, its successors and assigns, then
said locations may be changed to areas mutually satisfactory to
both the Grantor and the Grantee herein; and further, said
newly agreed to locations shall be indicated and shown on the
sketch above referred to by proper amendment or amendments
thereto.
It is the intention of the Grantor to grant to the
Grantee, its successors and assigns, all the rights and
easements aforesaid and any and all additional and/or
incidental rights needed to install, erect, maintain and
operate within the Grantor(s')('s) land an "UNDERGROUND SYSTEM"
for the purposes of supplying electric service for the
building, buildings or proposed buildings shown on the last
herein referred to sketch or amended sketch.
It is further agreed that said "UNDERGROUND SYSTEM"
and all necessary appurtenances thereto, shall remain the
property of the Grantee, its successors and assigns, and that
the Grantee, its successors and assigns, shall pay all taxes
assessed thereon.
For Grantor's title, see deed from Farr Better Homes,
Inc. dated April 21, 1988, recorded with Essex North District
Registry of Deeds in Book 2718, Page 96.
- 4 -
v.
IN WITNESS WHEREOF, said COLEMAN P. MCDONOUGH, TRUSTEE
of McDONOUGH REALTY TRUST has hereunto set his hand and seal
this /,:16 day of O N11_— , 1988.
1417
�rn.
By Trustee
Coleman P. McDonough
THE COMMONWEALTH OF MASSACHUSETTS
tVl�ser , ss. 0 ��- 1988
Then personally appeared the above -named
COLEMAN P. MCDONOUGH, TRUSTEE of MCDONOUGH REALTY TRUST and
acknowledged the foregoing instrument to be his free act and
deed.
Before me,
Notary Public yam/
My Commission expires:
CONVEYANCE OF EASEMENTS AND UTILITIES
Coleman P. McDonough, Trustee of McDonough Realty Trust under a Declaration of
Trust dated April 21, 1988 and recorded with Essex North District Deeds Book 2718,
Page 76 of 4 Aspen Road, North Reading, Middlesex County, Massachusetts; for the
consideration of one dollar, hereby grants, transfers and delivers unto the town of
North Andover, Massachusetts, a municipal corporation in Essex County, the
following:
A. The perpetual rights and easements to construct, inspect, repair, remove,
replace, operate and forever maintain (1) a sanitary sewer or sewers with any
manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their
appurtenances for the conveyance of water, and (3) a covered surface and
ground water drain or drains with any manholes, pipes, conduits and their
appurtenances, and to do all other acts incidental to the foregoing, Including
the right to pass along and over the land for the aforesaid purposes, in,
through, and under the whole of Hawkins Lane as depicted on a plan entitled
Definitive Subdivision Plan Of Salem Forest III Located In North Andover,
Massachusetts dated November 26, 1986, Revised November 6, 1987, said plan
is made and said plan is incorporated herein for a complete and detailed
description of said roads.
B. The perpetual rights and easement to use for drainage the following parcel of
land situated on Hawkins Lane in said town of North Andover and bounded and
described as follows:
The land in North Andover, Essex County, Massachusetts, being
Lots one (1) through five (5) inclusive, as shown on "Definitive
Subdivision Plan of Salem Forest III Located In North Andover,
Massachusetts, Owner and Applicant George H. and Wanda H.
Farr 263 Raleigh Tavern Lane, North Andover, MA 01846
Thomas E. Neve Associates, Inc. Engineers/Surveyors/Lane Use
Planners, 447 Old Boston Road, U.S. Route # 1, Topsfield,
Massachusetts 01983" approved by the North Andover Planning
Board on October 26, 1987 and recorded in the Essex North
District Registry of Deeds as Plan 10973 insofar as areas are
depicted on said plan as drainage easements.
The grantor warrants that the aforesaid easements are free and clear of all liens or
encumbrances, that he (it) has good title to transfer the same, and that he will
defend the same against claims of all persons.
For grantor's title see deed from Farr Better Homes, Inc. dated April 21, 1988, and
recorded in Essex North District Registry of Deeds, Book 2718, Page 96.
And Andover Savings Bank of 61 Main Street, Andover, Massachusetts the present
holder of a mortgage on the above described land, which mortgage is dated May 20,
1988, and recorded in said Deeds, on May 24, 1988 as Instrument 11629 and a
d 0 t ber 19 1988
mortgage dated October 19, 1988, and recorded in said Dee s, on c o
as Instrument No. , for consideration paid, hereby releases unto the town
forever from the operation of said mortgage, the rights and easements hereinabove
granted and assents thereto.
And Farr Better Homes, Inc. of 216 Raleigh Tavern Lane, North Andover,
Massachusetts the present holder of a mortgage on the above described land, which
mortgage is dated April 29, 1988, and recorded in said Deeds, Book 2718, Page 100,
for consideration paid, hereby release unto the town forever from the operation f
said mortgage, the rights an ease nts hereinabove granted and assents the o.
Aut�ature of MortCagee Owner
Authorized Signature of Mortgagee
INITNESS WHEREOF we have hereunto set our hands and seals this
2 day of
COMMONWEALTH OF MASSACHUSETTS
(J" Z U , 1988
Then personally appeared the above named C. P. McDonough, Trustee and
acknowledged the foregoing to be the free act and deed of McDonough Realty
Trust, before me.
Notary Pu is
My Com ss n Expires:
/o is y.
COMMONWEALTH OF MASSACHUSETTS
ss /0IaO 1988
Then personally appeared the above named,�iul/y�%�-Y7�c�«<��� and
acknowledged the foregoing to be the free act and deed of Andover Savings Bank,
before me.
N to v Public
My Commission Expires:
Kj
r
COMMONWEALTH OF MASSACHUSETTS
�SSex , ss ei9w Z o , 1988
Then personally appeared the above named George H. Farr, President and Treasure
and acknowledged the foregoing to be the free act and deed of Farr Better Homes,
Inc. before me.
Notary Public
My Comml, sio Expires:
Z� D
NOTE: This conveyance is not effective until accepted by Town Meeting or the
Board of Selectman .
AJIM\1.MCDON.E&U
3
1
ASSOCIATES• O
11
March 3, 1987
Planning Board
Town Hall
North Andover, MA 01845
Attn: Mr. Eric Nitsche, Chairman
RE: Salem Forest III
Gentlemen:
Pursuant to your Planning Board meeting of Monday, March
2, 1987, please accept this letter as a response to the
following two issues:
1. As per the North Andover Rules and Regulations, a dead-
end street shall not be longer than five hundred feet (500')
unless in the opinion of the Board, a greater length is
necessitated by topography or other local conditions. Because
of the location of this subdivision, as well as the topography,
the five hundred foot requirement would be a hindrance to the
construction of Hawkins Lane as an access to all five lots.
Two factors influenced the decision to locate the cul-de-sac
at the location as shown on the plans.
1. On the southern side of Hawkins Lane, there exists
a huge ledge outcropping which would make roadway and
sideslope construction impractical.
2. On the northern side there exists significant wetlands.
The optimum location for the construction of the cul-de-sac
was selected which creates the minimum impact to the topography
and the wetlands.
2. According to your regulations a 2:1 sideslope is required
where Hawkins Lane crosses Boston Brook. Also, two 12 foot
wide shoulders would have to be constructed from the edge of
the new pavement. This would cause significant filling of
the wetlands without a real benefit to the Town.
Please consider granting a waiver to your regulations and allow
ENGINEERS 447 OLD BOSTON ROAD
LAND SURVEYORS TOPSFIELD, MA 01983
LAND USE PLANNERS (617) 887-8586
the applicant to provide the following:
1. Reduce the twelve foot wide shoulder on both sides of the
road down to six feet.
2. Provide sideslopes of one foot horizontal to one foot
vertical within the wetland crossing. As a safety precaution,
guard rails would be installed on both sides of the roadway
where a 1:1 slope is provided.
Included with this letter, please find attached a topo map
of the southern side of the site as per Mr. John Simon's
request.
Should you have any questions, please do not hesitate to contact
this office.
Very truly yours,
THOMAS E. ASSOCCIIIA,T�E(S,_ INC.�%
le
Thomas E. Neve, P.E., R.L.S. Nora ag ian,/
President Engineering Assistant
cc: George Farr
NACC
�f I,On N,
0F11C.ESOE: �'':• r TOWn Of i
s
APPEALS :,:...:; NORTH ANDOVER
131)ILIANG
CONSFRVAT10N "°pa, 01VISION 01:
111.A1.111 PLANNING -PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
March 6, 1987
Thomas E. Neve Associates, Inc.
Thomas E. Neve ..
447 Old Boston Road
Topsfield, MA 01983
Re: Salem Forest III - definitive Subdivision
Dear Mr. Neve:
120 Main Street
North Andover,
Massachusetts 01845
((31 7) (385 4775
I am enclosing a draft decision for Salem Forest III. These are for
your review. If you have questions or if there are items which may be
addressed prior to the decision, please contact the Planning Office.
Sincerely,
Tricia Wrenn,
Acting Town Planner
/ns
Enc.
'---ICES OF:
`
d ''
- TOWn Of
120 Main Street
APPEALS
`,,�i;"
NORTH ANDOVER
NorthAndover,
BUILDING
ti'^:�; .a
e
Massachusetts 01845
CONSERVATION
"Cjpe`
DIVISION OF
(617) 685-4775
HEALTH
PLANNING
PLANNING
& COMMUNITY DEVELOPMENT
KAREN H.Y. NELSON, DIRECTOR
March 25, 1967
Thomas Neve Associates, Inc.
Thomas E. Neve
447 Old Boston Road
Topsfield, MA 01983
Re: Salem Forest III - Definitive Subdivision
Dear Mr. Neve:
I am enclosing the draft of conditions for the above
referenced project for your review. These conditions have been
adjusted as a result of the meeting with Erich Nitzsche, Chairman
of the Planning Board on March 11, 1987.
I would appreciate your comments or questions regarding the
conditions at your earliest convenience. The decision on this
subdivision is tentatively scheduled for April 6, 1987.
If you would like to arrange for a meeting to discuss these in
more detail, kindly contact the Planning Office.
Sincerly,
'14'�a
Tricia Wrenn
Acting Town Planner
/ns
p
ICPinc.
March 27, 1987
Mr. Thomas Neve
Thomas E. Neve Associates,
447 Old Boston Road
Topsfield, MA 01983
RE: Salem Forest III
Dear Tom,
Inc.
6 Maple Street- P.O. Box 780
Northborough, Massachusetts 01532
(617) 393-8558/890-2130
File No.: NEVE-16
This will address some of the hydrological concerns raised by the North
Andover Planning Board in their draft decision dated March 6, 1987. Please
refer to our Hydrology and Drainage Report (November 2, 1986) and previous
letter (March 2, 1966) to yourself which provided additional analyses of the
proposed and an optional Boston Brook crossing culvert.
The lowering (0.4 foot) of the 100-year flood stage by the proposed culvert
would not result in a loss of available flood storage, rather it would result
in still available storage not being utilized. In the existing condition, the
utilization of this additional storage would not be effective in reducing flow
because the storm flow would overtop the existing road which would act as a
very broad weir providing very little flow attenuation after the overtopping
began. This effect is shown by the upward deflection of the hydraulic rating
curve beginning at elevation 105.2 (page 9, Report). For this reason, I would..
not recommend a culvert design that would mimic existing conditions in all
storms.
My previous letter to you discussed our recent analyses of an optional culvert
crossing and of normal and low -flow conditions. The results showed that
simply not rounding (bevelling) the entrance to the proposed culvert would
increase the 100-year stage from 0.4 foot below existing (106.2) to 0.4 foot
above existing, although neither stage would overtop the proposed access road.
It follows that the existing 100-year stage could be equaled by partially
rounding the proposed culvert entrance.
The hydrologic balance of wetlands is determined by normal and low flow
conditions, not by infrequent event storms. The analysis of "annual average"
flow in Boston Brook shows that the proposed culvert would lower the normal
stage of the Brook by 0.2 foot in comparison to existing. Garry Hollands, our
resident wetlands expert, has told me that he could not foresee any
perceptible alteration of the hydrologic balance of this wetland as the result
of this slight lowering of the water level. Given the slope of the normal
water surface of the Brook, the lowering would be evident only from the
culvert to a distance of about 100 feet upstream.
ENVIRONMENTAL SCIENTISTS • PLANNERS • ENGINEERS
RECEIVED AfT. 0 1 1987
Mr. Thomas Neve
-2-
March 27, 1987
Therefore, I continue to recommend the originally proposed culvert as the
optimal solution to all flow conditions. If necessary, we could raise the
invert by 0.2 foot to exactly duplicate the normal water level and still keep
the 100-year flow stage below existing.
Item 15 of the draft decision would require the construction of a detention
pond. Our Report has shown that Boston Brook peak dischar a bo -
100-year) would only increase by 0.2 cfs_as a resu t o site development.
don't believe that
a pond.
Please call me if you have any questions.
Sincerely,
IEP, Inc
Jo F. Rohrer
sen or hydrologist
JFR/amb
us
t
April 3, 1987
North Andover Planning Board
Town Hall
North Andover, MA 01845
RE: Salem Forest III
Attn: Tricia Wrenn
Dear Tricia:
Please find attached a report from I.E.P. Inc., addressing your
hydrological concerns raised by your draft Order of Conditions
dated March 6, 1987.
Please note that the original design as submitted is the optimum
solution, weighing all environmental factors.
Very truly yours,
THOMAS E. NEVE ASSOCIATES, INC.
cle� 6%OCp
Thomas E. Neve, P.E., R.L.S.
President
cc: George Farr
Attachment
ENGINEERS 447 OLD BOSTON ROAD
LAND SURVEYORS TOPSFIELD, MA 01983
LAND USE PLANNERS (617) 887 8586
4 n(n
i
July 27, 1987
Planning and Community Development
Town Hall
North Andover, MA 01845
RE: Hawkins Lane Definitive Subdivision
Salem Forest III, Land of G. Farr
Attn: Ms. Karen Nelson, Director
Pursuant to your conditional approval issued by your
chairman on May 6, 1987, please find herewith revised plans
of the above referenced project. These plans have been re-
vised to meet your conditions of approval and the conditions
set forth in an "Order of Conditions" issued by the Conservation
Commission on April 1, 1987 (D.E.Q.E. File # 242-388).
Please review the revised changes and schedule to receive
the plans for final endorsement.
If you have any questions regarding this project, please
do not hesitate to contact me.
Thank you for your cooperation in this matter.
Very truly yours,
THOMAS NEVE S--SOCTATES,
Thomas E. Neve, P.E., R.L.
President
cc. George Farr
INC.
S.
ENGINEERS
LAND SURVEYORS
LAND USE PLANNERS
447 OLD BOSTON ROAD
TOPSFIELD, MA 01983
(617)887-8586
FHO"i ®NEVE
ALSSOCLATER,; I
9INCO
November 12, 1987
North Andover Planning Board
Town Hall
North Andover, MA 01845
Attn: Town Planner, Scott Stocking
Dear Scott:
Please find herewith the original mylars for the Definitive
Subdivision Plan of Salem Forest III, Mr. George Farr, Developer.
These plans have been revised consistent with your Order of
Conditions issued October 22, 1987.
At this time we would request that the Planning Board endorse
these plans in the appropriate spaces provided. Please have this
done at your earliest convenience and notify this office so that
we may make arrangements to pick up plans and record them at the
North Essex Registry of Deeds.
Thank you for your cooperation in this matter. Certainly, if
you have any questions regarding this project, do not hesitate
to contact us.
Very truly yours,
THOMAS NEVE ASSOCIATES, INC.
C
Thomas E. Neve, P.E., R.L.S
President
cc: George Farr
/b
ENGINEERS 447 OLD BOSTON ROAD
LAND SURVEYORS TOPSFIELD, MA 01983
LAND USE PLANNERS (617) 887-8586
JI
OFFICES OF: o ' Town Of 120 Main SheCt
North Andover,
APPEALS ,,^. ;.;,; NORTH ANDOVER M;1SSnchuscuS0IB'l5
CONSERVATION se"1Ope�DIVISION UP (617)6B54775
HEAL: ITI
PLANNING PLANNING & COMMUNITY DEVELOPMEN'F
KAREN I LP. NELSON, I)IRECTOR
NENORANDIM
TO: Conservation Commission
FROI°I: Scott A. Stocking, n Planner
DATE: .tune 2, 1'VOO
RE: Salem Forest IV
Hawkins Lane
Please be advised that the Planning board has not received tW
following documents for the above cited subdivision:
1) Covenant signed by the Planning Board to insure
proformance of the construction of the oubdivision.
2) A ropy of the filed subdivision plans and dccrsinn will)
the Registry of Deeds Office.
3) A signed easement and utility agreement filed with the
Registry.
I have discussed these matters with Mr. McDonough over the ph""e
prior- to his actions on the site which required an eniorcement order by
the Commission. these items should be supplied to my office prior to
resumption of construction un situ. your assistance in this m tfr;r WH
be sincerely appreciated.
1 ,I
TOWN OF NORTH ANDOVER, MASSACHUSETTS
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET, 01845
PAUL S. NIMAN
DIRECTOR
Mr. George Farr
216 Raleigh Tavern Lane
North Andover, MA. 01845
Dear George:
TELEPHONE 687-7964
In reponse to your question about the water installation on Hawkins
Lane, the eight inch tapping sleeve and valve connecting the new water main
on Hawkins Lane to the existing water main on Patton Lane is acceptable,
and was installed according to the rules and regulations of the Division of
Public Works.
If you have any further questions, please advise.
JWH:lb
Ve/r/y .. truullyn yours,
J. William Hmurciak
Director of Engineering &
Administration
C.P. McDonough Construction
100 Ainsworth Road
Wilmington, NIA 01887
Tel.657-5800 • 657-5801
July 26, 1988
North Andover Conservation Commission
120 Main Street
North Andover, MA 01845
Re: DEQE File #242-388/ Hawkins Lane
Dear Commissioners,
Corp.
Pursuant to your directive outlined in your enforcement order dated July 21, 1988,
we have reviewed the BSC letter to the North Andover Conservation Commission of
June 16, 1988 wherein several issues were raised relative to the adequacy of the
newly installed Hawkins Lane box culvert and to the supportive design calculations
submitted with the Notice of Intent application. Our specific responses to same of
fhe items of concern outlined on page 2 of BSC's letter are as follows:
1. With respect to the methodology used for peak flow determination, we concur
that results obtained in the manner utilized are only arguably correct. However,
once recognition is made that accurate streamflow and precipitation data is un-
available for the study, there are only empirical relationships remaining to
ytodel streamflow. We concur that TR-55 methodology is inherently conservative,
and for this reason would suggest it be used strictly as a check a otherwise
predictable performance, especially in light of the potential implications to
upstream wetlands and flood storage should the box culvert be enlarged to handle
significantly higher predicted flows.
The ratio of exponential areas methodology outlined in NEH-4 at very least allows
a correlation of anticipated flows from actual measurable areas and actual,
measured, and documented flows. This exact methodology has been the primary input
to several Probable Maximum Flood and Standard Project Flood Dam Safety Inspection
Analyses performed for the Federal Emergency Management Agency and the Federal
Energy Regulatory Commission for basins significantly larger than the Ipswich
River throughout New England. With so much left to chance and interpretation
with the empirical relationships, it is always desirable to invoke any and all
actual data available, notwithstanding the fact that areal ratios may be required.
We would welcome and be open to any and all alternative methodology suggestions
that the commission or their consultants may suggest either as a check on the data
used or in lieu of same should this be warranted and reasonable.
2. With respect to item number 2 of BSC's letter, we agree that the potential for
several feet of hydraulic gradeline reduction across the culvert area would exist
if both all of the Boston Brook flow could be handled by the culvert and if
tailwater influences downstream were minimal enough to negligibly impact culvert
performance, thus maintaining inlet control. However, with the access way known
as "Woods Road" being overtopped under a 100 year storm scenario, and with the
backwater effect produced by the culvert under the presently proposed Boston
Page Two
North Andover Conservation Commission
Re: DEQE Pile #242-388/ Hawkins Lane
Brook Estates, the gradeline across the existing Hawkins Lane crossing can be
expected to remain fairly uniform. We further agree with BSC's comment that
the slope of the gradeline along Boston Brook is in fact negligible.
3. BSC's third comment involves the apparent lack of an assessment of the
tailwater effect on the discharge capacity of the proposed culvert under various
storm scenarios. Although we concur with the theory and its resultant impact
on the culvert's headwater/discharge relationship, we would suggest that the only
true evaluation of streamflow and control structure performance lies in generating
expected flow profiles from a critical or supercritical baseline downstream and by
calculating expected step profiles proceeding in an upstream direction through
the structure at Hawkins Lane. We suggest a computer modeling of the affected
reach of the brook using a HEC-2 type of program developed by the Corps of
Engineers' Hydrologic Engineering Center. In light of the current design un-
certainty associated with the downstream culvert under the proposed Boston Brook
Estates, an assessment of tailwater conditions at Hawkins Lane seems premature
at this point. We suggest deferring review of Hawkins Lane Tailwater conditions
until proposed modifications to the downstream portion of Boston Brook are
finalized. Morever, we do not see the assumption of free discharge as unreasonable
at this time, as establishment of critical flow at the culvert discharge with.a
subsequent hydraulic jump to restricted tailwater levels in channel reaches
characterized by relatively high "n" values is a distinct possibility.
We have reviewed the Commission and Planning Board files for Boston Brook Estates
hydrologic information and have found nothing to either support or dispute our
claims or those of either BSC or of the original Hawkins Lane submittal. The
one -page calculation in the file utilizes what we believe to be inappropriate
Rational Methodology to support the Boston Brook Estates crossing design and is
further characterized by unsupported assumptions and factual inaccuracies. We
suggest that a much more extensive effort be required for hydrologic modeling
prior to final acceptance, after which an assessment of its impact on our project
can be fully and appropriately effected.
At this point in time the new culvert has been installed in Hawkins Lane, as
designed, as approved by both the commission and the Planning Board, and in
compliance with the Order of Conditions as it relates to culvert size, line, and
grade. As you must be fully aware, the culvert design was the subject of much
controversy during project development, and much engineering consultant time and
effort was expended in satisfying Commission and Planning Board concerns relative
to its adequacy and suitability for its intended function. To imply through
enforcement order issuance at the peak of the construction season that the
currently installed and approved culvert is inappropriate, without concrete
engineering data supportive of the concern is highly inappropriate.
We fully intend to work with the Commission and with the developers of Boston
Brook Estates, at the appropriate time to finalize a workable solution satisfactory
to all concerned, notwithstanding the fact that our hydrologic design was approved
after several rounds of engineering analysis and re -analysis.
Page Three
North Andover Conservation Commission
Re: DEQE File #242-388/ Hawkins Lane
The Commission Enforcement Order issued on July 21, 1988 indicates a violation of
the approved construction sequence. 'We are perplexed however, at the Commission's
Order, normally intended to correct the violation, since it requires further
culvert design analysis with an accompanying response to BSC's letter, both of
which are completely unrelated to the "approved construction sequence." We
yield to Commission concerns relative to the construction sequence, and fully
expect to explain the need to alter the sequence in light of encountered field
conditions. We do not feel however, that a blanket order prohibiting all
construction in all areas of the project is warranted. We respectfully request
a rescission of the order, or at least a modification, to permit certain work
pursuant to our approvals pending final development of downstream modifications.
At the appropriate time, workable culvert modifications can be implemented, if
deemed necessary, with Commission and Planning Board consent to preclude wasted
effort, unnecessary cost, and the loss of further prime construction season.
Our immediate request is to be allowed to continue with the installation of the
water line and appurtenances upstation of approximately station 3+50 and upstation
of the culvert crossing. We also would like to finish with our roadway cuts
and fills to achieve subgrade in the same area, inclusive of presently incomplete
ledge removal.
We trust that this discussion adequately addresses or at least alleviates your
concerns, look forward to meeting with you to discuss it further, and hope that
compromises to your current position can be immediately authorized to allow
continued construction in line with the Order of Conditions currently in effect.
Sincerely yours,
C.P. MCDONOUGH CONSTRUCTION CORP.
Raymond T. Fraser II, P.E.
(Mass Civil Registration No. 32237)
Vice President
RTF/m
cc: North Andover Planning Board
OFFICES or--:
APPEALS
"
o° �°.
:r :
Town of
NORTH ANDOVER
120 nae,in Street
Not Andover,
BUILDING
M issacnsIISO(S o Isa
CONSERVATION
c ue-,a
DIVISION OF
(617) 685 4775
HEALTH
PLANNING
PLANNING
& COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIREC'I'OR
MEMORANDUM
T0: Board of Health
FROM: Scott A. Stocking, Planner
DATE: November 16, 1988
RE: Septic System Installer License
McDonough Construction Corp.
I have been requested to comment regarding the past activities
of the above cited construction company before the Planning Board.
While I cannot comment regarding his septic system installer
license, I can convey to the Board my experience with the company
constructing the Salem Forest III Subdivision.
1. The company started construction without proper approvals in
place.
2. The company has not been able to file proper documents to the
Planning Board to release lots for construction for months.
3. Work was conducted against the wishes of D.P.W., and testing is
currently underway to find out if work completed was defective.
If I can be of any further assistance in this matter please
contact me.
C. P. McDonough Construction, Corp.
100 Ainswordt Road
Wilmington, MA 01887
Tel. (508) 657-5800 • 657-5801
FAX (508) 657-4818
August 15, 1990
Planning Board Commission
120 Main Street
North Andover, MA
Attn: Mr. Huntress
i
Re: Hawkins Lane
Dear Mr. huntress:
I�
)' 2 01990
Please be advised that I am requesting time on the aggenda of the meeting
scheduled for August 28, 1990. At that time, I will be requesting the re-
lease of the bond for Hawkins Lane.
Final inspection of this property will take place by Mr. Mursiak prior to
the, meeting. I have asked him to respond directly to your board with those
reports.
Please contact me if you have any questions. Your anticipated cooperation
in this matter is greatly appreciated.
Sincerely,
Coleman P. McDonough
President
CPM/hcc
Town of
OFFICES OF:
�
12/) \Is(in Street
APPEALS
i
O
NORTH ANDOVER
Noilli Andover,
V1ilssil )USellS O1845
CONSERVATION
S9,C„u,E`
I) I V I tilt ),N, OF
16 1 r 1 ()85 4( r 5
HEALTH
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
November 15, 1988
Essex County Registry of Deeds
381 Common Street
Lawrence, MA 01842
Dear Sirs:
Please be advised that the Lot Release Form (Form J) signed
by the Town of North Andover Planning Board on October 26, 1988
for the Salem Forest III Definitive Subdivision Plan is a valid
lot release for Lot 2 only. The form was originally submitted for
lots 1 through 5, but was changed during the meeting by the Board
to reflect a lot release for lot 2 only.
This office considers this lot release valid and has
released the lot for a building permit. If you have any questions
regarding this matter please call me.
Sincerely,
Scott A. Stockin AICP
Town Planner
sas7
i
FORM J
RELEASE FORM
the undersigned, being a majority of the Planning Board of the Town
of North Andover, Massachusetts, hereby certify that:
a. the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety and dated
`= b .
October
20
, 19
88
April
21
, 19
88
and/or by the Covenant dated
and recorded in District
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completed, to the satisfact of n of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled " Definitive Subdivision
plan of Salem Forest III Sections)_, Sheets 1-4
Plan dated November 26 , 19 86 recorded by the
Essex North Registry of Deeds, Plan Book _ , Page
or registered in said Land Registry District, Plan Book
Plan �j and said lots are hereby released from the re-
strictIons as to sale and building specified thereon.
Lots designated on said Plan as follows: (Lot number(s) and street(s))
Lots *41� 7i
(To be attested to by a Registered Land Surveyor)
1 hereby certify that lot number(s)
o n t7 �ta/et z L,4x)'�E- Street (s )
do conform to layout as shown on Definitive Plan entitled "_ rntP1
e&rXsasr"q D�
Section Sheets 4s
Registered and Surveyor
The Town of North Andover., a municipal corporation situated in the
County of Essex, Commonwealth of Massachusetts, acting by its duly
organized Planning Board, holder of a Performance Bond or Surety
dated October 20 , 19 s8 , and/or a Covenant_ dated
, from Farr Better Homes, Inc.__
of the y own of North Andover
Essex reYsyc County, Massac use is recorded w t
e Essex North District Deeds, Book 2718 ,
Page _.� B, R��x�x§c�k xkx�xB xx��H�xbxxAx�xxaltxxa �x8
r . __ __i_t vvvvVVSOV3
'nz I" uua.0 a ...................
lkagj V BxD=Rxxxxxxxxxx4xV4pxxxxxxxxxx� acknowledges, s a t i s a c t o n
of the terms thereo an hereby re— Teases its right, title and in-
terest in the lots designated on said plan as follows;
EXECUTED as a sealed instrument this Z day of QcmdA;e. , 19rrS'
Majority of the
Planning Board
of the Town of
North Andover
COMMONWEALTH OF 14ASSACHUSETTS
ESSEK , s s . Octtobex a6 , 19 001
Then personally appeared P�v� f1. yE.DS%if_0,Vn one of the
;'above named members of the Planning Board of the own o North Andover,
:Massachusetts and acknowledged the foregoing instrument to be the free
;,act and deed of said Planning Board, before me,
Recorded Nov.15,1988 at 11:36AM #27723
(Page 2 of 2)
FORM J�
vltt
RELEASE FORM
The undersigned, being a majority of the
Planning
Board
of the Town
of North Andover, Massachusetts, hereby
certify that:
a, the requirements for the construction
of ways
and
municipal services
called for the the Performance Bond
or Surety
and
dated
Nrnamh r a > 19 as and/or by the Covenant dated
April 21 19 88 and recorded in District
Deeds, Book 2718 Page 84
acacc.
yd has been completed/partially
completed, to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled "Definitve subdivision
plan of SalemForast III Sections)_, Sheets 1_4
Plan dated November 26 , 19 86 recorded by the
Essex North Registry of Deeds, Plan Book , Page
or registered in said Land Registry District, Plan Book
Plan and said lots are hereby released from the re f;
strictions as to sale and building specified thereon.
Lots designated on said Plan as follows: (Lot number(s) and stree.t(s)
Lots 1 3 4 5.
b. (To be attested to by a Registered Land Surveyor)
I hereby certify that lot number(s) 1_ ,3,4T5 "^
on Hawkins Lane Street(,.s
do conform to layout as shown on Definitive Plan entitled "Definitive
consisting of
Subdivision Plan Salem Forest III Section Sheets
heets _•
Reg1,ster.eill annd.L.Su.
rveyor
T�saiezo, ,�d�s.
(Vann• 1 of 9)
c. The Town of North Andover., a municipal corporation situated in the
County of Essex, Commonwealth of Massachusetts, acting by its duly
organized Planning Board, holder of a Performance Bond or Surety
dated November. 4 , 19 88 , and/or a Covenant dated
, 1�) from Farr Better Homes,Inc.
of the City/Town of r�Andover
e County, Massachusetts recorded with
tF Lei rssex North Di strict Deeds, Book 2718 ,
Page 84
� __,__. c€ao3'�dcfi�eod�F�acx:a�c�ee csLY�ac
B&cgz000a000acx;co<a c k n o w l e d g e s s a t s' action
of the terms thereofof anThereby re eases its right, title and in-
terest in the lots designated on said plan as follows:
Lots 1 ,' 3, 4; 5.
EXECUTED as a sealed instrument this 4 th
Majority of the
Planning Board
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
�s s ex , s s . No vg- n4WB ex o? 9 , 191&
Then personally appeared Aqu L- dizb.'iT.pDII1 one.of the
above named members of the Planning board 07 the gown oi: North Andover,
Massachusetts and acknowledged the foregoinn instrument to be the free
act and deed of said Planning Board, before
Recorded Nov.30,1988 at 8:18AM #28811
(Page 2 of 2)
RELEASE OF LOTS
(Provision of Surety)
North Andover, August 6, 1979
The undersigned, being a majority of the Planning Board of
the Town of North Andover, Massachusetts, hereby certify that
sufficient surety, in the opinion of the said Planning Board, has
been provided for the cost of the completion of the ways to
provide access, frontage, and services to certain lots, herein-
after designated, in accordance with the providions of the
Restrictive Covenant, dated January 30, 1976, and recorded in
Essex North District Registry of Deeds, Book 1276, Page 29, said
lots being shown on plan entitled "Definitive Plan of Salem
Forest" dated May 1975, and revised September 1, 1975, recorded
with said Registry of Deeds as Plan No. 7401, said lots are
hereby released from the restrictions as to sale and building
specified in said Restrictive Covenant.
Lots designated on said plan released hereunder:
20, 21, 22, 37, 38 and 39
PLANNING BOARD of the town of
North Andover, Massachusetts
M1
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. August 6, 1979
Then personally appeared
one of the above -named members of the Planning Board of the Town
of North Andover, Massachusetts, and acknowledged the foregoing
instrument to be the free act and deed of said Planning Board,
before me.
Notary Public
My Commission expires:
I
RELEASE OF LOTS
(Provision of S,irety)
North Andover, ��t �/� 19,19
The undersigned, being a m tlor. it:y of the Planning )3onrd of the Tocact' {
of North Andover, Massachusetts, hereby certify that: su[ticient; surety, i.ir j
bj
the opinion of the Planning 13oard, has been provided for the cost of the
completion of the ways to provide access, frontage, and services to certain
lots,hereinafter designated, in accordance with the provisions of the
Restrictive Covenant, dated January 30, 1 )76, and recorded in Essex North 1'
District Registry of Deeds, Boole 1276, Pi re 29, said lots being shown oil
plan entitled "Definitive Plan of Salem Foj 'fit:" dated Mayi;, 197G; a-od
revised September 1, 1975 and Septe-tuber 17, 1975, recorded with said �
Registry of Deecls as Plan No. 7401., said lots are hereby released Flom the
restrictions as to sale and building specii ed in said Re""tri.ctive Covenant. j
Tots designated on said plan released her sunder.:
20, 21, 22, 37, 38 and 39, inelusivee Said Loin 21 and 22 were
shapt d and appear ns Lots 21A and 22A on Plan No. 8098 recorded in said I
Rcgi';try of Deeds.
PLANNING BOARD of the W TT 0- 10?111
Ando, e -, f klachusel
By
W%� I
/ 1I
Commonwealth of Massachusetts
Essex,ss
Then personally appeared one of the member.,;, o.l'
the Planning Board of the "own of North Andover; Massaehusett,-, and
acicnotvledged the foregoing instrument: to be the free act: and deed of ;;aid
Planning Board, before me,
My co:mm, expires;:
Notary 1 nbl;c
I
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