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Home My WebLink AboutMIANO REALTY TRUST 11,kOUC;� ; / FORM C -TCS" APPLICATION FOR APPROVAL OF DEFINITIVE PLAN October 31 , lg 88 To the Planning Board of the Town of North Andover: The undersi d he undersigned, being t applicant as defined under Chapter !E]., Section 81-L, for approval of a proposed subdivision shown on a plan entitled Boston Brook Estates by R . F . Geisser & Associates .- Inca dated October, 1988 being land bounded as follows: Harold Parker State Forest on all four ( 4 ) sides . hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board .for;,approval of said plan. 1120 47 Title Reference: North Essex Deedsq Book 1087 , Page 314 ; or Certificate of Title No. - , Registration Book - , pugs - ; or Other: Said plan has(X) has not( ) evolved from a preliminary plan submitted to the Board of nrAnhpr 19 87 and approved (with modifications) (X) disapproved ( on Nnvemhpr Z * 19 _JU (see attached) The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and is furtherance thereof hereby agrees to abide by the Board's Rues and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andoverp upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and •regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall•be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installationsand construct him U7 (2) �/,�aN years from the date hereof. �� Received by Town Clerk: �— l % . milli. Dame: Signatu/r, of Applielffit P h i 1 i p R a g u s a Miano Realty rust Time: Trustee Signature: tone Way, And 6ve r MAD— Address/ , Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: By, dated 1q 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 .reeord 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. 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. as -shown on said Plan without the prior consent of said Board of Health. 4, Other conditions.- In onditions: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. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNING BOARD Date: By: OFFICES OF: a�?' Town of 120 Main Street .A.PPEALSNORTH ANDOVER North Andover, < : BUILDING Massachusetts o 1845 CONSERVATION �"" `4 DIVISION OF (617)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN.H:P.NELSON, DIRECTOR_ ._ November 12 , 1987 Mr . Jack Donovan R.F. Geisser & Associates Box 1245 Dedham, MA 02026 RE: Boston Brook Cluster Development Dear Mr. Donovan: Thank you for your presentation to the Planning Board of the proposed cluster development plan for the above cited property. The Board is pleased that a cluster development proposal is being considered for this site. Of the three alternative schemes you presented, I believe scheme #3 is superior , and should be pursued further by your development team. in regards to scheme #3 , I' have the following comments 1) The entry road should be designed for a 22 foot pavement section in order to minimize - the crossing of Boston Bro- ok. The details of the crossing will be handled by the Conservation Commission. 2) The design of the cul-de-sac with an island must receive approval by the Department of Public Works. 3) Please place a sidewalk along one side of the access road This sidewalk could be tied into a pedestrian path system which could run through the private portion of your pro- ject and into the State Forest. 4) The internal loop road system is a good design and should be included in the final design. 5) Provide two access points to the State Forest. 6) Design the drainage system to provide the maximum amount of runoff on the site is directed away from Boston Brook. Provide on-site retention ponds to hold the stormwater prior to outfall into adjacent resource areas. Sincerely, Scott A. Stocki g, AICP Town Planner sas5 George H. & Wanda Farr 1689 Salem Street North Andover, MA 01845 Leona Morin 1641 Salem Street North Andover, MA 01845 Edwin H. & Carol A. Frazier 1631 Salem Street North Andover, MA 01845 Dennis P. & Mary R. Meyer 1619 Salem Street North Andover, MA 01845 John H. & Mary K. Zickel 1607 Salem Street North Andover, MA 01845 James F. & Dorothy D. Youree 1601 Salem Street North Andover, MA 01845 Michael & Deborah A. Fried 1535 Salem Street North Andover, MA 01845 Donald A. & Bernadette M. DeAdder 1557 Salem Street North Andover, MA 01845 Lawrence A. Jackson 1565 Salem Street North Andover, MA 01845 M. Joseph & Helen R. DeCosta 1577 Salem Street North Andover, MA 01845 Richard D. & Marita K. Delisle 1589 Salem Street North Andover, MA 01845 Mark R. & Brenda A. Shea 1689 Salem Street North Andover, MA 01845 Peter H. &- Pamela Brown 1701 Salem Street North Andover, MA 01845 Robert A. & Jean F. Smith 270 Marbleridge Road North Andover, MA 01845 George H. & Wanda Farr 216 Raleigh Tavern Lane North Andover, MA 01845 c ofh'ALa�"-'�Jth "F/1200-S5 pefl of � fir€�VAfl DANiFL ,#Np XORT4r �;tRK • TOWN OF NORTH ANDOVER MSSA.CHUSMS PLANNING BOARD !! S3 PN !qQ q i f APPLICATION POR SPECIAL. PERMIT NOTICES This application must be typewritten ; Applicant MIANO REALTY TRUST Address C/O RALPH R. JOYCE, ESQ. 95 MAIN ST. , NORTH D , 1. Application is hereby g"g (a) For a Special permit wader Section 8 .a5 Paragraph INCL, of the Zoning By-Lsw.. 2. (a) Premises affected are l,end,.x„.aad buildiaiga Lam,numbered LOT 4 Street. (b) Premises affected are property with frontage on the North South East West^ side of PARTRIDGE DRIVE- Street, &Adknown as bio•.-...... TT.�� ... Street* +. f9) Premises affected are in Zoning District R-2 , and the2 premises affected ij have an, arca of 26 .117 ACRES age and froutof�42 feet• 3• osriorshipe (a) Now and address of ower (if joint ownership, give 411 names): QFORGF & WANDA FARR AND ROBERT & JEAN SMITH Date of purchase N.A. Previous Owner NA . I (b) If applicant is not owner, check his interest in the premiess: X�r Prospective purohaaI r Lessee Other (explain) a. Sian of proposed building: NA front; NA feet deep ..nioriesi � NAfoot. A r -CONSTRUCTION (a) DF osimate date c}f• erection NEw CTION C U (b) Occupancy or use (of each floor) p. (0) Typo Of construction A.I 50 Site of tasting Building: NA feet front; NA feet deep Height:,..UAMstories NA at* (a) Approximate date of erection NA 1 1 q rrrrrr�.rrr�4�rrrrr•rOi••�i!•wnrurrrrnwrr•I r1�11M�rIrO!•IMlrl•rrr��rl•rl t (b) occupancy or use (of each floor) NA (a) Typo, of construotion NA 6. Has there been a previous application for Speoial'Permit from the Planning Hoard ' on these premises? YES [ It so, whoa WI 188 & 189 WITHDRAWN-WITHOUT PREJUDICE 7• Description of purpose for which Special permit is sought on this petitions i 18 UNIT LUXURY TOWNHOUSE CONDOMINIUM ON LOT 4 BEING 26. 117 ACRES ON PARTRIDGE DRIVE. i ti (Over) 1 , Y . 9a Deed recorded in tine Registry of Deeds in Book.. Pap.. or Land Court Certificate Aoo.,,,...2odc 112�P •_q Z--. 10 7 314 §L The principal pointe upon which I base my application areas .follower (must be stated in detail) TO ADVANCE THE AMENITIES DESCRIBED IN PARAGRAPH 1 O F SECTION 8 . 5 OF THE NORTH ANDOVER ZONING ORDINANCEiS i Ir..l r..,.� ■ r• I��.Irrl�rrrr � I . �� I, I agree to pay for advertising in newspaper and postage fee for mailing legal notices to Varties` in interest". Petitioonerls si t y . Every application for notion by the Board shall be made on a form approved by the Boards These forms shall be furnished by the Clerk upon request. Any communication purporting to be an Application shall be -treated as more notice of intention, to-Book relief until such time as it is made on the official spplioation form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Xnry application shall be submitted with a list of "Parties in Interest" which ahall include the petitioner, abutters, owners of land directly opposite on any public ore private street or way and Abutters to the abutters within three hundred (300) feet of the property line all an they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. NAN8 LIST OF PARTIES INA INTEREST SEE ATTACHED LIST OF ABU•TTORS • I i • I ADD ADDITIO" zm=# IF xEc&=iY* I Richard T. & Christa A. Dineen 1725 Salem Street North Andover, MA 01845 Leona Morin 1641 Salem Street North Andover, MA 01845 Edwin H. & Carol A. Frazier 1631 Salem Street North Andover& MA 01845 Dennis P. & Mary R. Meyer 1619 Salem Street North Andover& MA 01845 John H. & Mary K. Zickel 1607 Salem Street North Andover& MA 01845 James F. & Dorothy D. Youree 1601 Salem Street North Andover, MA 01845 Michael & Deborah A. Fried 1535 Salem Street North Andover& MA 01845 Donald A. & Bernadette M. DeAdder 1557 Salem -Street North Andover, MA 01845 Lawrence A. Jackson 1565 Salem Street North Andover, MA 01845 M. Joseph & Helen R. DeCosta 1577 Salem Street North Andover, MA 01845 Richard D. & Narita K. Delisle 1589 Salem Street North Andover, MA 01845 Mark R. & Brenda A. Shea 1689 Salem Street North Andover, MA 01845 Peter H. &. Pamela Brown 1701 Salem Street North Andover, MA 01845 Robert A. & Jean F. Smith 270 Marbleridge Road North Andover, MA 01845 George H. & Wanda Farr 216 Raleigh Tavern' Lane North Andover, MA 01845 Commonwealth of Massachusetts DEPARTMENT OF ENVIRONMENTAL MANAGEMENT State House Boston, MA 02109 f e _ - e6s, Ofz -q �" ELLIS BUILDING 95 MAIN STREET R � �y '.IHB NORTH ANDOVER, MA 01845 TDWL' NOR T4i A�cJOtiER RALPH R. JOYCE (51 7)� 55 VIKEN MANOUGIAN FEB 1 ` February 16, 1989 Town of North Andover PLANNING BOARD 120 Main Street North Andover, MA 01845 i RE: MIANO REALTY TRUST - BOSTON BROOK ESTATES Dear Sirs: Since our last meeting substantial progress has been made with the Board of Health. The proposed system has gone through extensive review with respect to technical compliance with Title 5 standards and the necessary adjustments made as suggested by Mr. Graf. We scheduled a 10:00 A.M. meeting with Mike on February 21, 1989 at which time a comprehensive analysis of all soil tests will be reviewed. it is expected that the Board of Health will submit recommendations shortly thereafter. Accordingly, further deliberations with your Board at this time are premature. Please accept this letter as authority to exceed any statutory time constraints that may be working against you until the date of your next regularly scheduled meeting. V y y a . p RRJ:mjj cc: George Myers Philip Ragusa REV E11', TELEPHONE 685-4555 P DMEL L0:4 NORTH; me i0) ER ELLIS BUILDING ATTORNEY AT LAW p}� p' 95 MAIN STREET FEB 16 20 I N fIMIRTH ANDOVER. MA 01845 February 18, 1987 Town of North Andover DANIEL LONG, TOWN CLERK 129 Main Street North Andover, MA 91845 RE: MIANO REALTY TRUST - SUBDIVISION PLAN Dear Dan: Please accept this letter as Statutory Notice of a subdivision plan submitted to the Planning Board and Board of Health on February 18, 1987. The applicant is Philip Razusa, Trustee of Niano Realty Trust, on property owned by George H. and Wanda H. Farr on Salem Street, North Andover and further described in the North Essex Registry of Deeds, Book 1987, Page 314 and other property located off of Salem Street owned by Robert A. and Jean F. Smith consisting of 23.2 acres, more or less, as further described in the North Essex Registry of Deeds, Book 1129, page 47 and contiguous with the above referenced parcel. MIANO ALT TRUST PH P RAZ O, ST b t i tt ey, alph R. ice RRJ:mjj F E V 4(C ti:i -''`11 .- IVER FORM B FE8A�'�BLICAADAQ1 APPROVAL OF A PRELIMINARY PLAN February 5, # 19 87 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81-Ll for approval of a proposed subdivision shown on a plan entitled Preliminary Plan for Boston Brook Estates By R. F. GEISSER & ASSOC. , INC. , Eng. dated February 5 9 19 87 being land bounded as follows: Harold Parker State Forest on south, east and west and Salem Street on the north hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deeds# Book Page ; or Certificate of Title No. n a# Registration Book nPage n/a; or Other: *Book 1120, page 47 and Book 1087, page 314 Ap icant's signature: Received by Town Clerk: I A a,4ddJdTKwAq ;,,,,r Date: Appli ant's ad rens 5 David Dr. Time. Andover, MA 01810 ignature• Owner's signature and address if not the c to 1 appl ant: 270 Marble Ridge Rd. 216 Zj�-Jgh- Tavern Lane North Andover, MA 01845 North Andover, MA 01845 i i I I. Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary Subdivision Plan entitled: By: dated I. The North Andover Planning Board has tentatively approved said plan, with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plant for the following reasons: 3• The North Andover Planning Board has tentatively approved said plans subject to the following modifications thereof: Very truly yourst NORTH ANDOVER PLANNING BOARD By Date: FORM E CERTIFIED LIST OF ABUTTERS February 5 19 87 M TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : The undersinned , being an applicant for approval of a Definitive Plan of a proposed subdivision entitled Boston Brook Estates submits the following sketch of the land in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list , in- cluding owners of land separated from the subdivision only by a les/tLF�[r.e/MePtJ. D "/& �V *tk 7� Moo Sgnat a of Appl cant Attached are 3 site plans containing the abutters and also a list of 5 David Dr. abutter's names , addresses, mall Address numbers, lot numbers and parcel numbers . Andover, MA 01810 February 19 87 TO THE PLANNING BOARD OF THE -TOVIN OF NORTH ANDOVER: This is to certify that at the time of the last assessment for taxation made by the Town of North Andover, the names and addresses of the parties assessed as adjoining owners to the parcel of land shown above were as above written , except as follows : Assessor Boston Brook Estates Preliminary Plan North Andover, MA LIST OF ABUTTERS NAMP , ADDRESSES MAP. NO. LOT NO. PARCEL NO. Laurene A. Jackson 1565 Salem St. North Andover, MA 106D 9 3 M. Joseph & Helen R. DeCosta 1577 Salem St. North Andover, MA 106B 10 4 Stephen P. Lannan, Jr. 1589 Salem St. North Andover, MA 106B 11 5 James & Dorothy D. Youree 1061 Salem St. North Andover, MA 106B 12 6 Joan II & ivlary K. Zickel 1607 Salem St. North Andover, MA 106B 58 26 Denis P & Mary R. Meyer 1619 Salem St. North Andover, MA 106B 57 80 Edwin H & Carole A. Frazier 1631 Salem St. North Andover, MA 106B 56 81 Leona Morin 1641 Salem St. North Andover, MA 106B 55A 82 Mass. Dept. of Environmental 106B - 24 Management 106B - 214 100 ,, Cambridge St. 106D - 14 Boston, MA 02111 106D - 13 106D - 2 George H. & Wanda H. Farr 106B - 43 1689 Salem St. 106B 54A 83 North Andover, MA 106B 53 84 106B 52A 85 GATES , LEIGHTON & ASSOCIATES , INCORPORATED PLANNING • LANDSCAPE ARCHITECTURE • PARKS • PUBLIC SPACES SUMMARY REPORT ON FLAGGING WETLANDS AT SALEM STREET SITE IN NORTH ANDOVER, MA. The following is a written description of wetland areas, designated #1- #4 (see enclosed map) as observed by me on October 9, 1986. AREA #1 - "Isolated Upland" Deciduous wooded wetland, no standing water. Heavy, mature vegetation, bounded by a ridge line. Appears to drain to lower land off the prop- erty. Entire wetlands appears to be a "kettle-hole" in the topography. Plant Species: Swamp red maple, Witchhazel , Blueberryy, Swamp Azalea and Aronia AREA #2 "Isolated Upland" Deciduous wooded wetland. 1 '-2' of standing water. Mature vegetation, bounded by a ridge line. Appears to be a corner of an adjacent wetlands most of which is off the property. Entire wetlands appears to be a "kettle-hole" in the topography. Plant Species: Swamp maple, Witchhazel, Blueberry, Swamp Azalea, Aronia, Clethra AREA #3 - "Isolated Upland" Somewhat open deciduous wooded wetland. 1 '-2' of standing water in places. Very peaty botom. Bounded by a ridge line. Appears to be a "kettle- hole" in the topography. This wetland area also runs off the property. Plant Species: Swamp maple, Witchhazel, Blueberry, Swamp Azalea, Aronia, Clethra AREA #4 - "Bottomland Streamside" 3'-6' wide stream channel with associated seasonally flooded flats and deciduous wooded wetland. Ground cover is largely sedges and grasses. Bushy shrubs are found on the streamside and scattered through the flood plain. 1540 PAWTUCKET AVENUE • EAST PROVIDENCE • RHODE ISLAND • 02916 . 401-438-2071 i Received by Town Clerk : TOYS r ,K FORM A APJJITION FOR ENDORSEMENT OF PLAN - FEB (3 Z 2B ED NOT TO REQUIRE APPROVAL • FEBRUARY 9, L9 90 j To the Planning Board of the Town of North Andover.: The undersigned wishes to record the accompanying plan and rsts a determination by =said Board that app'roval . by it under: the Suiision Control Law is not required. The undersigned -believes< that . approval is not required for the following reasons: 1 . The division of land shown on the accompanying- plan is . nc 'sub division because every, lot shown _thereon has the amount "crontage i. required by the North Andover Zaing By Law: and -istinn; a,. iic way ' namely , SALEM STREET . . being land bounded aollows : NORTH; BY LAND N R OF THE COMMON4�TEALTH OF MA5SACHU$ETTS y EAST: BY LAND N /F OF THE COMMONWEALTH OF MASSACHUSETTS j . SOUTH: BY LAND N /F OF THE COMMONWEALTH OF MASSACHUSETTS WEST: 341.07 FEET BY SALEM STREET 2. The division of land shown on the accompanying plan is noa sub" division for the following reasons : LOT A 3 . 13 ACRES, 248 .30 FEET FRONTAGE j - LOT B 32. 15 ACRES, 92.77 FEET FRONTAGE I 3. Title reference North Essex Deeds , Book Page or E-e 444-c-tA-e--o+ T 1-t1-e -*o . . ��tL Nan- �1fl0k '_.----------t' Applicant 's Signature : Owner's signature anid address if not the ppl l cannt` _. Mi App c n Addr r G RRA r .t 9,55 MAIN ST. RTH ANDOVER, MA "6 HELEN GORMAN Rtd by Town Clerk : y Ne to APPLICANT/TOWN CLERK of action of Planning Board on apanying plan : . the North Andover Planning Board has determined that said plan oes not require approval under the Subdivision Control Law, ind the appropriate endorsement has been made upon the same. 2rhe North Andover Planning Board has. deter,mined_that.-said plan shows a subdivision , as defined,.by G.L. must therefore be re-submitted to it for approyal ,. under:.the w Subdivision Control Law. 1 Very truly yours , NORTH ANDOVER PLANNING BOARD By: . Date : 44 ._ Iffin r P6AMnit[G 81180 ��„�s _ � TOWN OF NORTH ANV,01Q'E'R MAS SAC HUSE [ '/))i” =~` Any appeal shall be filed within (20) days after the : s �cwus � date of filing of this Notice in the Office of the Town NOTICE OF DECISION i Clerk. Date, November 21,. 1989 , , ° , i D ate of Hearing November 16., 1989. Petition of . . AjAgq AeAldgy. gFppt . . . . . . . .. . . . . . . . . . . . . . .. . . . . . Premises affected . . .$$$1; .+kjdq ok zakem street . . . . . .. . . . . . . _ . . ° . . . .. . . . . r Referring to the above petition for a special permit from the requirements E I of the . . . . North Andover Zoning Brylaws .. Section 8.5,.Para.°1 through 5 ° , i . . . . . . . . . . . . . . . . . . . so as to permit .the construction of ° , unit town house complex, plus three (3) . . . . . . . . . . . . . . . . . . . . . . . . ° tSee,standinc��sinc�le�family dwellings all, established under Planned Residential Development . . . .. . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to 'Approve. . . . . . . . .the . .Special-Results, .HUD . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . based upon the following conditions: cc: Director of Public Works Signed Board of Public Works HgYway.,SurveyorGeor%e Perna, Jr.,,. Chairman Board of Health . • . . • . . Conservation Commission ,,jg4n Simons,, Clerk , . . . . Building Inspector Police Chief Srich Nitasche Fire Chief Applicant Jack Graham , . , , , , , , ,, . Engineer File John Interested Parties Planning • Board NOFiM1 OFFICES OF: r° Town of 120 Main Street BUILDING *: North Andover • NORTH ANDOVER CONSERVATION Massachusetts 01845 *y'��;;,�� HEALTH @e"`" s`� DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR November 21 , 1989 Mr. Daniel long, Town Clerk Town hall 120 1,1,ain Street North Andover, MA 01845 Re : Boston Brook, Special Permit, PRD and Definitive Subdivision Dear mr. :among: The North Andover Planning Board held a public hearing on December 15, 1989, on the application of Miano Realty Trust, 14 Hearthstone Way, Andover, MA. The hearing was duly advertised in the North Andover Citizen on December 1 and December 8, 1988 and all parties of interest were notified. The following members were present: Paul Hedstrom, Chairman; George Perna, Vice Chairman; John Simons , Clerk and Michael Leary. Erich Nitzsche was absent. The petitioner seeks approval under Section 8. 5 of the North Andover Zoning Bylaw, Planned Residential Development, for the construction of 22 unit town house complex plus three ( 3) free Stalle._Mq single family dwellings, all established under the Planned Residential Development. The premises affected is located on the east side of Salem Street in a Residential-2 Zoning District on approximately 27 . 9 acres. Jahn Simons read the legal notice to open the public hearing for rhe definitive subdivision and the PRD, Special Permit. Ralph Joyce , attorney, gave the Board background on the Boston Brco.2 applications. He stated that in April of 1987 , the original subdivision showed 24-25 lot subdivision and now the applicant is showi_.g a cluster development for empty nesters with 22 units. There will also be three single family homes. s Page 2 . Byron Holmes, architect, spoke to the Board on culverts to be placed in Boston Brook. He said that there will be 4 culverts, ( 4 - 10 ' x7 ' high) Mr. Holmes said that the applicant will be asking for a waiver on the length of the cul-de-sac. Mr. Holmes also Stated that there would be a 2 to 1 replication of the wetlands. George Perna asked what the impact to the flooding situation was and 'have, they made the situation better or worse . Mr. Holmes replier.: that it would be no better and no worse . John Simons questioned the percentage of open space in the 24 acre parcel . Mr. Holmes said that approximately 83% would be open space ( 20. 18 acres ) . John Simons said he would like to see three more units in the cluster development rather than the three houses. Mr. Holmes stated that his client was going to deed some land for the third fire station. D. E.M. counsel, Nick Vontzalides was present and stated that it was not feasible . John Simons spoke regarding the letter from the Board of Health . Mr Holmes said that he has been working with Mike Graf , Health Sa;-:itarian. ?eter Brown, 1701 Salem Street, spoke on the possible flooding situation in the area. Paul Hedstrom spoke on wetlands and flooding issues. Ninety percent ( 900 ) were conservation issues and ten percent ( 100 ) were Planning Board issues . He said that the Planning Board has the authority to make sure that upstream and downs=-- ream are better. Byron Holmes said that Boston Survey has reviewed the plans and that increasing the size of the culverts would eliminate part of the problem. .ulin Simons said he would like to see the design of the cluster development. Mr Holmes showed John the design and stated that the units would be 2 , 500 sq- ft. Paul Hedstrom spoke on the issue ct septic systems in the PRD application and the density figu.•es . George Perna expressed concerns with the 90 degree turns goin,: i . o the driveways. Paul Hedstrom questioned the visibility and ss._cIht distance . fi motion was made by George Perna to continue the public hearinq until January 19 , 1989 . The motion was seconded by Michael Leary and voted unanimous by those present. On January 19 , 1989 the Planning Board held a regular meeting. The fol_' owing members were present: Paul Hedstrom, Chairman; George Perna, vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary. John Simons read a letter from Ralph Joyce asking for an extension on the public hearing for the Boston Brook, PRD Project. A motion was made by John Simons to accept the extension on the _:b`_: c hearing to February 16 , 1989 . The motion was seconded by Georc,e Perna and voted unanimous by those present. Page On February 16 , 1989 the Planning Board held a regular meetinq . The following members were present: Paul Hedstrom, Chairman; George Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche .and Michael Leary. J"nn Simons read a letter from Ralph Joyce requesting and extension 'to March 31 , 1989 . A motion was made by Michael Leary to accept the extension. The motion was seconded by John Simons and voted unanimous by those preset.-.. un 'March 2 , 1989 the Planning Board held a regular meeting. The follioWIng members were present: Paul Hedstrom, Chairman; George Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael "Leary. Join Simons read a letter from the Board of Health. The Board would _ Lice Mike Graf to attend the next meeting to explain his better . a_ilph Joyce said he wanted the allowable density, 25 lots build.- ole . The Board of Health says 21 lots are buildable (perc tests were done , 21 lot acceptable ) . lah,,. Simons stated that there were three issues : i full calculations - recalculate usable open space clarification from the Board of Health on calculations Planning Board would review and make their own conclusion. A ,notion was made by Erich Nitzsche to accept an extension until ;lay 31 , 1989 . The motion was seconded by Michael Leary and voter unanimous by those present. On :,;i:crch 16 , 1989 the Planning Board held a regular meeting. The fcli wing members were present: Paul hedstrom, Chairman; George Perna, Vice Chairman; John Simons , Clerk and Erich Nitzsche . Michael Leary was absent. john Simons read a letter from the Board of Health. The Board waives the fee for modification. :notion was made by John Simons to accept the letter of withdrawal without prejudice . The motion was seconded by George Pern, and voted unanimous by those present. tin dune 8, 1989 the Planning Board held a public hearing. The followinq members were present: Paul Hedstrom, Chairman; George Perna, Vice Chairman; John Simons , Clerk; Erich nitzsche and Michael Leary. Jun,: Simons read the legal notices to open the public hearings . Page R_.1pn Joyce , attorney, representing Miano Realty Trust, was present and spoke to the Board. The application has been before the rlanning Board and was withdrawn without prejudice . The application before the Board now is for a four lot subdivision and an eayhtten unit PRD . Three of the lots are for single family homes, the fourth lot being used for the 18 unit PRD. The previous application contained a 21 unit PRD. P• u.l Hedstrom arrived at 8: 35 p.m. Erich Nitzsche questioned the existing lot lines and the proposed lot lines. John Simons asked what the units would look like , ne would like to see four units together. Paul Hedstrom questioned the paved width of the private drive into the units. Byron Holmes, Giessier Engineering, told Paul that the pavement would be 22 feet wide . Paul asked about sidewalks within the subdivision. Mr. Holmes said there would be no sidewalks. Byron also stated that the plans before the Board now are the same plans that were presented before except that there are now eighteen units not twenty-one units. John Simons spoke on screening and the necessity of screening in the PRD portion of the proposed project. Byron Holmes stated ,that to the east, south and west of the property was land own by the State . John also questioned how the open space was determined 'and w.,inted to see it on the plans . Mr. Holmes showed John on the plans . John stated that the open space would have to be defined in the Conservation Easement. Nelson Parker, 40 Campbell Road, expressed concerns about Boston. Brook and run-off from the development. Ralph Joyce reassured Mr. Parker that the run-off would be taken care of and would not impact the surrounding property. The applicants have an Order of Condition from the Conservation Commission. "caul Hedstrom questioned where the Board of Health was at this point on -the proposed project. Mr. Holmes stated that he has been before the Board of Health with the designs of the septic system and thf: fir are reviewing the plans. Paul stated that there were three letters from the Board of Health in the files, the first of which says there was one lot out of twenty-one lots the perced, the last letter says there could be twenty-one lots . Erich Nitzsche asked Ralph Joyce if the first part of the roadway was a public way. Ralph said, "yes" and that the rest would be private . John Simons asked what the length of the cul- de-sac was . Byron Holmes responded, 650 feet to the center. '., r. Holmes stated that flood elevations have been reviewed by the z5C Croup. The Federal Government has also had a study done by Camp Dresser McKee and their figures are one third of those the BSC Groin . A ra,:.,tion was made by Paul Hedstrom to continue the public hearing until June 15 , 1989 . The motion was seconded by Michael Leary and voted unanimous by those present. Paige `i'.I Planning Board held a regular meeting on June 15, 1989 . The following members were present: George Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary. Paul Hedstrom, Chairman arrived at 8 : 35 p. m. John Simons read a letter from Chris Huntress, Environmental Plarner, to the applicant. Ralph Joyce , attorney, went over the list of concerns and presented the Board with a letter. �.yror_ Holmes showed the Board renderings of a two unit, three unit and four unit building. Paul Hedstrom spoke on the process of approving a Subdivision and PRD at the same time and the appeal period, someone appealing the subdivision and no one appealing the PRD decision. This would mean you have a PRD on a non existing lot . George Perna recapped what the Board was looking for: sign 2 . property lines elevations 4 . renderings of buildings. John Simons asked the length of the cul-de-sac. Byron Holmes said the length of the cul-de-sac was 650 feet. John Simons stated that he would prefer to see all cluster and not the three ( 3 ) single family dwellings . George Perna requested the information on the open space . Ralph oyce said there would be an open space restriction easement. Byron Holmes asked the Board for their consensus of the three lot subdivision. George Perna spoke on the subdivision including the Tarr ,property of a possible 5 lot subdivision, if that is the case , the: legal notice would have to be readvertised. c .ristian Huntress stated that there were major design problems . :? motion was made by John Simons to continue the public hear-_nq on the PRD and Subdivision until July 31 , 1989 . The motion was seconded by Michael Leary and voted unanimous by those present. On July 13 , 1989 , the Planning Board held a regular meeting. The following members were present: George Perna, Jr. , Chairman; John :,:.mons, Clerk; Erich Nitzsche and Michael Leary. alp`i Joyce recapped what was before the Planning Board. Conventional four lot subdivision 2 . fourth lot is for the PRD. JQ!in Simons read a letter that was sent to the applicant from Chris I-luntress Environmental Planner, with a list of concerns . Page 5 : Ralph Joyce went over the concerns: 1 . Septic System Attorney Joyce and Byron Holmes will go over the design of the septic system with Mike Graf , Health Sanitarian, on Monday, July 17 , 1989 . Flood Plains This information will be supplied at the next meeting. 3 . Architectural designs Architects have been changed, Mr. Dan Batting of D.M. B. Associates, is now the new architect. The design of the road basically the same, the design of the buildings are different. The number of units is the same . Erich Nitzsche is to sit down with Chris Huntress before the July 27 , 1989 meeting and go over the revised plans. If acceptable , the matter will be continued on July 27 , 1989. A motion was made by John Simons to continue the public hearing to July 27th or the first meeting in August based on the resubir, tted plans reviewed by Erich Nitzsche and Chris Huntress . The motion was seconded by Michael Leary and voted unanimous by those present. On September 7 , 1989 , the Planning Board held a regular meeting. The following members were present: George Perna, Chairman; John Simons, Clerk and Erich Nitzsche . Christian Huntress presented the Board with a request from the applicant to extend the time the Board has to act on a Special -permit to October 15 , 1989 . A motion was made by John Simons to accept the extension subsequent to the applicant coming into the Planning Office and filling out the correct forms . The motion was seconded by Erich Nitzsche and voted unanimous by those present. On September 21 , 1989 the Planning Board held a regular meeting. The following members were present: George Perna, Chairman; John Simons, Clerk; and Erich Nitzsche . Paul Hedstrom arrived at 8 : 15 p . m. Jack Graham was absent. Christian Huntress spoke to the Board on an extension the Boats, hac. received from the applicant. The extension was written to Uctobe:r 14, 1989. CHristian Huntress asked for an extension to October 31 , 1989 and received his request. `the Board asked the Planner to review the number of buildable lots with regards to septic systems. A motion was made by John Simons to accept the extension. The motion was seconded by Erich Nitzsche and voted unanimous by those present. Page 7 : On October 19, 1989 the Planning Board held a regular meeting. The ftoiiowing members were present: george Perna, Chairman; John Simons , Clerk; Jack Graham and John Draper. Erich Nitzsche arrived at 8 : 35 p. m. Ralph Joyce spoke to the Board on the Board of Health issuing Permits for the septic systems . The applicant is requesting and extension. A draft decision for the subdivision is needed for the November 1989 meeting for a decision on November 16 , 1989 . A motion was made by John Simons to accept the extension to Novem�er 30, 1989 . The motion was seconded by Erich nitzsche and voted unanimous by those present. Un November 2 , 1989 the Planning Board held a regular meeting. The oilowing members were present: George Perna, Chairman; Erich Nitz:.che , Jack Graham and John Draper. John Simons, Clerk, arrived at 7 : 5i p , m. John Simons read a letter regarding the phasing plan and erosion control . A motion was made by Jack Graham to continue the public hearing to November 30, 1989 and accept an extension to December 5 , 3y',9 . The motion was seconded by Erich Nitzsche and voted unanimous by those present. On November 16 , 1989 the Planning Board held a regular meeting . The following members were present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche , Jack Graham and John Draper. in Simons read a letter from the Department of Public Works listinc their concerns . he Board requested that a letter from the Board of Health be put :i the files . The Board requested that Chris Huntress get a letter trom the Board of Health for their files. ('t.ristian Huntress stated that there were two outstanding issue:_ . Those issues were of the landscape plan and a phasing plan; both of which he has received and reviewed. C"hrlstian Huntress gave the Board members copies of the two draft_ decisions. The concerns from the D . P .W. will be incorporated into the decision. talpn Joyce spoke to the Board on a letter he had received from, the wormer Town Planner, Scott Stocking, regarding the with f �r o that o� �..F_ r��._,d being 22 feet. A lengthy discussion took place n t letter. George Perna stated that the applicant has heard from the Conservation Commission regarding crossing the wetlands and the width being 22 feet. John Simons wanted to see building profiles. Byron Holmes stated that those plans are on page 17 through 20. Page 8 . On condition #18 , John Simons asked Chris Huntress to reference the Conservation Chapter that was applicable . A motion was made by John Simons to close the public hearing on the Special Permit, accept the extension and approve the draft decision, with amendments, on the PRD, Special Permit. The motion was seconded by Erich Nitzsche and voted unanimous by those presen-L . A motion was made by John Simons to close the public hearing on the definitive subdivision, accept the extension and approve the draft decision, with amendments, on the definitive subdivision. The motion was seconded by Erich Nitzsche and voted unanimous by those present. Sincerely, Planning Board George P rna, Jr. , Chairman CC : Director of Public Works Board of Public Works highway Surveyor Board of Health Conservation Commission Building Inspector Police Chief Fire Chief Applicant Engineer File Boston Brook, PRD Special Permit Conditional Special Permit Approval. The Planning Board makes the following findings regarding this Special Permit as required by sections 8.3, 8.5 and 10.31 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to its location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The landscaping plan as shown meets the requirements of section 8.4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. S. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 7. The applications before us are in harmony with the general purpose and intent of this Bylaw. The Planning Board finds under Sections 8.3, 8.5 and 10. 31 the Zoning Bylaw that the proposed site plan, together with the following conditions, complies with the Town Bylaw requirements. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be reflected in the . final plans to be prepared by the applicant in accordance with paragraph one below. Such final plans shall be submitted to the Board and filed with the North Essex Registry of Deeds. 1. The developer shall prepare and submit a final set of plans. The final plans shall include the following in one packet: a. Plans entitled: PLANNED RESIDENTIAL DEVELOPMENT for BOSTON BROOK ESTATES. North Andover Massachusetts, Dated March 1988.. Revised Sept. 41 1989. Sheets 1 - 24. b. Landscape plan C. Plan showing phasing of construction activities and erosion control methods. All plans shall be on 24" x 3611 sheets 2. The final plans will incorporate the following concerns, per order N.A.D.P.W. : a. The applicant shall provide an enlargement of a typical unit, showing the water services to be installed including bends, corporate cocks, etc, . b. The sewer mains shall be designed to pass under all utilities. c. Sewers shall be designed with a velocity of less than 10 f.p.s. d. In all areas where slopes exceed 5t, granite curbing shall be installed on both sides of the roadway. Finally, the Planning Board finds that the PRD complies with the Town of North Andover Zoning Bylaw requirements found in section 8.31 8 .5 and 10.31 so long as the following conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Special Permit Before us, The Planning Board hereby grants a Special Permit to the applicant provided the following conditions are met: 1. All drainage facilities including detention basins, shall be constructed and erosion controlled prior to the applicant receiving a permit to build. 2 . An as-built plan and profile shall be submitted for review and approval prior to the final release of the security required under Section 13 hereof. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. 3. All Planning Board Order of Conditions are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 4 . Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. Therefore, in addition to street trees every fifty (50) feet along both sides of the roadway, one tree shall be planted for every 400 square feet of area cleared for the roadway outside of the right of way. The trees shall be a mix of scotch pine, white pine and red pine and will be 6' tall or taller upon planting. The developer shall inform the Town Planner when significant tree cutting is to occur. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during road construction. 8. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. All buildings shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. 11. Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 12. No Garbage disposals shall be allowed in any units within this project. If at a later date one is found, it shall be removed at the unit owners expense. 13. Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, site screening, erosion control and any other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement or passbook. 14. Prior to a Certificate of Occupancy being issued for any structures, the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. 15. Prior to commencement of any on-site construction and the issuance of a building permit for any structure, all off site utilities shall be submitted to and approved by the North Andover DPW and Planning Board. 16. Prior to the Building Permit being issued for the first structure and again prior to occupancy of the first structure, the applicant shall receive a written determination from the Conservation Commission that all work under their jurisdiction is being satisfactorily preformed and maintained. 17. Any Plants, Trees or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that die within one year from time of planting shall be replaced by the owner. 1'8 . Prior to the commencement of construction, the applicant shall cause to be recorded with the North Essex Registry of Deeds an open space conservation easement. Said easement shall be in compliance with M.G.L. Chapter 41, the North Andover Zoning Bylaws and shall be granted as the Planning Board sees fit upon the applicant requesting such designation from the Planning Department. The extent of the easement and the accompanying documentation shall be subject to Planning Board approval. 19. Construction shall commence within two (2) years of the date of this decision, and further, all construction shall be complete within five (5) years from the date of this application. Failure to stay within these terms shall cause the Special Permit to expire. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File r � • Nbtice to APPLICAWTOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: Boston Brook Estates By:-A.F. Geisser & Associates, Inc dated Oc1pber. 19$u.. 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"* er otherwise provide security for the eon- struction of waya and the installation of municipal services within said sub= division, all asprovided by 41v S. 81-U. "'2. That all such construction and installations shall in an respects contorm,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, as -shown on said Plan without the prior consent of said Board of Health. 4* Other conditions: SEE ATTACEM. In the event that no appeal shall have been taken from said approval within twenty days from this dater the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan* t N Ando o d has pl y f ns: NORTH ANDOVER PLAW= BOARD Date: November 16, 1989 By: George pgrgg- Jr—„C-ha j psan ItAe U �- FORM C 1PLLICAMON FOR APPROVAL OF DEFINITIVE PL[W � October 31 , lq 88 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 11, Section` 81-Lp for approval of a proposed subdivision shown on a plan entitled Boston Brook Estates by _.gid F . Q, issgr, & Associates .- Inc dated October , 1988 being land bounded as follows: HarOl dParker State Forest on all four (4 ) sides r�•.r��rr.r....r� �wr�r.r .r�..�r hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of theNorthAndover Planning Board and makes application to the Board ,for,;approval of said plan. 1120 47 Title Referencez North Essex Deeds, Book 1087 , Page 314 ; or Certificate of Title No. - v Registration Book - , page ; or Other: Said plan has(X) has not( ) evolved from a preliminary plan submitted to the Board ofto�� 19 87 and approved (with modifications) (X) disapproved (�"oa _ nvemhar 12 , 19 87 (see attached) The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyors the Board of Health, and all general as well as zoning by-laws of said Towns as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other i.mprovenents shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plans profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and'made a part of this application. This application and the covenants and agree— ments herein shall,be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations construct two (2) y/ ars from the date hereof. !'�• A 1. �F �� Received by Town Clerk: • ��- Date: Sigsat of Appl t Philip Ragusa Time- Miano Realty rust Trustee Signature: o e a And e r M A 0 Addres , BOSTON BROOK. DEFINITIVE SUBDIVISION APPROVAL 1. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. it shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification by a Registered Professional Land Surveyor will be required prior to the issuance of a certificate of occupancy. 2. All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any lot release. 3 . An as-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond money. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. 4. Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered arborist, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5.8 of the North Andover Zoning Bylaws to be approved by the Planning Board prior to the applicant receiving a permit to build on any lot within the subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when significant tree cutting is to occur in order that the Planner may determine the need to be to be j present. 5. Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. 6. All Planning Board order of Conditions are to be placed upon the recorded Definitive Plan, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 7. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. • k 8. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 9. All catch basins shall be protected with hay bales to prevent siltation into the drain lines during road construction. 10. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 11. No underground fuel storage shall be installed except as may be required by Town Regulations. 12. Permanent house numbers will be posted on dwellings prior to occupancy. 13. All structures shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. 14. Prior to a Certificate of Occupancy being issued for any lot, that lot shall have received all necessary permits and approvals from the North Andover Board of Health. 15. The applicant shall provide an enlargement showing the water services to be installed including bends, corporate cocks, etc, . These services shall be approved by the North Andover D.P.W. . 16. The sewer mains shall be designed to pass under all utilities. 17. Sewers shall be designed with a velocity of less than 10 f.p.s. 18. In all areas where slopes exceed 5%, granite curbing shall be installed on both sides of the roadway. The following plans shall be deemed as part of this decision: a. Plans entitled: SUBDIVISION PLAN for BOSTON BROOK ESTATES. North Andover Massachusetts, Dated March 1988. Revised 11/18/88. Sheets 1 -3 cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File 140 it { TOWN OF NORTH AMYER MASSACHUSETTS _ PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This applioation must be typewritten Applicant MIANO REALTY TRUSTAddrese '14 HEARTHSTONE WAY, ANDOVER, MA 1. Apploation is hereby. made 01810 (a) For o Special Permit under Section 8 .5 P&r 1 thru 5 agraph of the Zoning Vy—Law. 2. (a) Premises affected are land X an&-bVi-1di2W8 2ranbered SALEM Street. (b) Premises affected are property with frontage on the North South East! Westside of SA' IkNMStreet, and�cnown as No. SALEM Street. (c) Premises affected are in Zoning District R-2 , and the premises affeoted have an area of 32± and frontage of 140 ' feet. 3. Ownership: (a) Neale and address of owner (if Joint ownerehip, give all names): JEANNE & ROBERT SMITH 270 MARBLERIDGE ROAD, NORTH ANDOVER, MA GEORGE H. & WANDA , NUP ANDQ=j k Date of purchase B 1120, P47 Previous-Owner N/A 13 , (b) If applicant is not owner, check his interest in the premises: , X Prospective purchaser Lessee ,,.Other (explain) EACH UNIT 46'X44 ' (EXCLUSIVE OF GARAGE) 4• Size of proposed buildings front= feet deep Heights etorieei at, (a) Approximate date of erection NEW CONSTRUCTION (b) Oooupanoy or use (of each floor) SINGLE FAMILY RESIDENTIAL (c) Type of construction WOOD FRAME f 5. Size of Existing Building: u n feet front; feet deep Height:, stories (a) Approximate date of erection N_a _ (b) Oooupanaj or use (of eaoh floor) N.A. ? 1 ' r (o) Type of constru *% N 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? If so, when N.A. 7. Desoription of purpose for which Special Permit is sought on this petitions,,,,_ 22 UNIT TOWN HOUSE COMPLEX PLUS THREE (3) FREE STANDING SINGLE FAMILY DWELLINGS ALL ESTABLISHED UNDER PLANNED RESIDENTIAL DEVELOPMENT (over). : Book 11'20, page 47 8. Deed recorded in the Registry of Deeds inE19A 1087 PW 314 or hand Court ° Certificate No. 'Book . Page ,y q. The principal points upon which I base my application are as follows: (must be stated in detail) ! r PLANNED RESIDENTIAL DEVELOPMENT IN ORDER TO MINIMIZE RUN OFF, PRESERVE OPEN SPACE, AND PROMOTE THE OTHER AMENITIES OF SECTION 8 . 5 (1) OF THE NORTH ANDOVER ZONING ORDINANCE. .I agree to pay for advertising in newspaper and postage fee for mailing legal notices t " ties in nterest". Petitioner's si ature Every applioa on for 40tion by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as more notice of intention to:seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. .Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public m: private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith- standing that the land of Any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abuWng city or town. OWNERS OF RECORD _ NAMO £ -/C , x/1/1 x.16. I& I Ann ADDITIONAL SHEETS, IF NWESSARY. ,:` Received by Town C � Itin s . .—.._ ._ DANIEL LONG TowN �:L.F_-. K " NOR H , ?HOOVER FORM A FLO13 2*0*10N FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL FEBRUARY 91 ;4 90 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by "said Board that approval -by it -undevr- the Subdivision Control Law is not required. The undersigned -b lieve5l:that such approval: is not required for the following reasons: . 1. The division of land shown on the accompanying-ptafn is not a-°sub division because every lot shown .thereon bas the -amount;of-_ frontage required by the North Andover Zing "By Low - and is>on ,a1pubiic tray, namely , SALEM STREET being land bounded as follows : NORTH; BY LAND N R OF THE COMMONWEALTH OF MASSACHUSETTS EAST: BY LAND N .F OF THE COMMONWEALTH OF MASSACHUSETtS SOUTH: BY LAND N )' OF THE COMMONWEALTH OF MASSACHUSETTS WEST: 341 .07 FEET BY SALEM STREET 2, The division of land shown on the accompanying plan is not a sub- division for the following reasons ACRES, 248 .30 FEET FRONTAGE LOT B 32. 115 ACRES, 92.77 FEET FRONTAGE - 3. ' ,,Titte re7erence North Essex Deeds , Book Page or -C-e-r4-4-f4-ca-t-e--o+ T}t-1 a +o _.p4.ge_ ' Applicant 's Signature : Owner's signature and address if not the p icant: MTANO REALTY TRUST ,. app c s Add s • F FARR $.5 MAINT. RTH ANDOVER MAF. t , . HEL GORMAN ': Received by Town Clerk : DANirI l-j?�6 TO t-'-!RK NORT',; 1 A8.!6 i I 14 pH `90 ' w Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : - 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the some. 2. The Nor Andover ning Board has• determined .that.:said pian shows su divis on , a defined. 6.L. c. :l4, -L, -and_ 4: must heref re a re-sub itted o it for o:Yal, under: the a Sub i inion Control Law. =? F Very truly yours , NORTH ANDOVER PLANNING BOARD B Date : Z I! A o -T n M.