HomeMy WebLinkAboutSMOLAK 1\tLam • .... ..J . .. .. .. . �. r. . -
1
r FORM A
AP 'LICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROV
r.
i
7
19 P3
To the Planning Board of the Townrof North Andover:
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that/ approval by it under the Subdivision
Control Law is not required . The undersigned believes : t.hat such approval
is not required for the following reasons :
1 . The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , , or a p-ri-vate way , namely ,
being land bounded as follows :
Parte C'
C'a�lu l�uroh - �av r/ I
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
esce� u A • y 'e ,r /n p hlbkert Cl
3. Title reference North Essex Deeds , Book /a Jf(o Page or
Certificate of Title No . Registration Book ;
Page
Applicant ' s Signature : Owner ' s signature and address if not
the applicant:
Applicant ' s Address :
6WLtr..
cf, Iii` E0
C+(
-13a
..:Fu_:.^•. 1. „ .,.- .�. '3."'a., sit. t:-.::.�zw r��s
ppppp�
Received by ToWn Clerk:-,
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 same .
2 . The North Andover Planning Board ha ' determ'n that said plan
s ws a ubdi is ' n , as de ' ned by G . L . C . 1 , s . 81-L , and
must heref re be r su mitted it for approval under the
Subdivis on Control Law. .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :
Date
FORM C
Rifti&JOR WOM OF DEFINITIVE PLAN
NORTH ANDOVER
September 2, ' f X9S&IR if
86
To the Planning Board of the Town of. North Andover:
ry• The'undersigned,'bsing the applicant as defined under. Chapter lel, Section
81-L for. approval of proposed, ppro a p pose subdivision shown on a plait entitled
Orbhard Path Estates
Iby John Callahan Associates dated August 29, 1986
being
land'
°Ibounaed as fo110ws: Northeasterly by other land of the Smolak family,
Southerly by bhe Coventry Lane Estates Subdivision and Westerly by Dale Street.
; 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
yBoard for"approYalof`saidplan' h , 1 608 3 43 �� P
4 t
r
Title, ReYerenee: `Aorth" tssex'De,eds, Book 1934 t Page 180 ; or
Certificate of Title No. , Registration Book , page ; or
Other:
$aid plan has(X,) has not( evolved from a preliminary plan submitted to
the Board of 12-/26/84X91
and approved (with modifications)
8 )
:disapproved ( on 5 28 5 ,
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 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' anal 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 oY the whole or part of said land, and assigns of the ;
h undersigned; and
3• To complete the aforesaid installationsj4d construction within two 2)
ii years from the date hereof.
' Received by Town Clerk: Co-Applicant: Coventry Develo ent Corp.
Dates Signature of Applicant
c 1 lak S eph n M.
Nimes 14 1 44
tiu
Signature: pp
&ftscfover, MA 01845
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: Orchard Path Estates
Owner, H. Michael Smolak , Jr. & Stephen M. Smolak
By: John Callahan Associates dated August 22 , 1986
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-
all as provided by G.L. e. h1, S. 61-U.
division#;
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 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:
r-
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:
r y
.f
ORCHARD PATH - DEFINITIVE SUBDIVISION PLAN
DECISION
A. All Planning Board order of conditions are to be placed on the
recorded definitive plan prior to signature of the Board.
S. Prior to signing the tiefinitive plans all deeds of easements
shall be submitted to the Planning Board and held in escrow
until completion. At the time of completion and prior to final
security release, thre developer and owner shall execute such
documents for the town.
C. A certified as-built plan shall be submitted to the Planning
Board showing the location of all utilities (electric, sewer
and telephone) prior to binder coat application.
D. In accordance with Section 4.133 (2) , there will be NO dumping
or burying of wood stumps within the subdivision located in the
Watershed District.
E. A Notice of Intent shall be filed with the North Andover
Conservation Commission as required under Chapter 131. Wetlands
Protection Act and the local Conservation Commission' s
regulations and any changes required may be cause for
reconsideration of subdivision under Chapter 41.
F. Any changes or revision to the subdivision plans or profiles,
including the drainage as necessitated by order of conditions
by the Conservation Commission may be cause for modification to
the subdivision under Chapter 41, section 81 W. Note to be
placed on recorded plan.
1 . Status of Old Dale Street shall be clarified, i.e. , letter
indicating that it has been officially abandonned. Also, Old
Dale Street shall be indicated on the plans.
2. All drainage and sewer easements shall be dimensioned and noted
and deeds of easements shall be submitted to the Planning Board
in proper form prior to endorsement of the plan and shall
contain language that the Town of North Andover is not
responsible for extensive repairs to landscaping and replacing
of structures.
3. Granite curbing shall be installed on all road slopes exceeding
4% and the balance of the subdivision shall have cape cod
bituminous berm installed along both sides of the roadway.
4. Applicant shall submit to the Planning Board gutter profiles of
the intersection of Orchard Path and Dale Street for approval
demonstrating that the proposed catch basins are in conformity
with proposed low point and rim elevations of 119. 19 on Sheet
3 .
5 The driveway from the dwelling on Lot 8 will enter only onto
Orchard Path and not onto Dale Street. The Planning Board is
of the opinion that the minimizing of driveway curb cuts onto
Dale Street will enhance the traffic safety, health and
welfare.
6. No construction will take place on the subdivision until final
detailed plans have been submitted and approved by the
Department of Public Works and have been submitted to the
Planning Board for approval of the proposed sewerage pumping
station, force main location and gravity flow sewer line.
Detail will include Street Opening permit from the Highway
Surveyor and will detail excavation on to Dale Street with
specific times of day for construction so as to minimize
interference with peak traffic.
7. No pavement will be placed on Orchard Path until all
underground utilities, including but not limited to, drainage
detention basins , water , electrical and sewer , have been
installed, inspected and approved in writing by the respective
approving authorities and submitted to the Planning Board. The
Design Engineer shall submit, in writing, certification to the
Planning Board, that all utilities are properly installed in
accordance with the subdivision plan and that there is no
requirement to excavate any additional trenches across the
roadway in and/or abutting the subdivision.
8. Subject to a bond in the amount of $6000 to guarantee the final
as-built and acceptance plans for the entire subdivision
including detention ponds. Said bond amount does not include
the setting of street monumentation which is governed by the
Highway Surveyor ' s street bond.
9 . No lots will be released from the covenant until the binder
coat of pavement has been installed on Orchard Path and all
trench excavation on Dale Street has been fully and completely
repaved to the satisfaction of the Highway Surveyor and the
Planning Board.
10. The proposed swale across Lot 2 shall be encompassed by a
drainage easement running to the Town of North Andover for the
purpose of ensuring flood water flows from Dale Street across
Lot 2 to the detention basin on Lot 1. Said easement will
allow the Town of North Andover to enter into said lot for the
purpose of regrading as required to permit the free passage of
storm waters. Prior to the release of Lot 2 from the covenant,
a copy of the deed for Lot 2 will be submitted for approval to
the Planning Board which will include the Easement and
substance to exclude any homeowner of Lot 2 from filling,
regrading or placing any structure upon the Easement and shall
include that the Town of North Andover is not responsible for
for any replacement of structures upon the easement.
lll. Deeds of conveyance for Lot 1 shall contain and be subject to
a restriction prohibiting the alteration and or filling within
the drainage easement beyond the approved contours of the
detention area.
12 No individual dwelling shall be served by a sewerage pumping or
ejection station without the expilcit written approval of the
Board of Health. Written certification by the Design Engineer
to this effect will be required prior to the release of final
bond money.
13. There shall be no driveways where stone bound monuments and
catch basins are placed.
14. The drainage pipe on Lot 5 shall be redesigned to conform to
the rules regarding velocity of flow in drainage pipes.
Driveway entry permits shall be obtained from the Highway
Surveyor prior to excavation for driveway.
15 . All drainage pipes shall have the required cover over the top
of the pipe to finish grade as prescribed by the rules and
regulations. Written certification by the design engineer will
be required prior to the placement of any bituminous pavement.
16. The applicant shall reconcile the distance from the catch basin
to the proposed headwall on Lot 5 as delineated on Sheet 3 and
shall specify with construction specifications the size of
stone rip rap at the dispersement basin on Lot 5.
17 . The applicant shall specify with construction details and
specifications the size of the stone rip-rap and the size of
the detention basins on Lot 1 including the spillway and shall
reconcile the spillway elevation to conform to the drainage
calculations.
18 . The Planning Board approves the use of retention capability in
the detention basin of Lot 1, but requires that the wetland
abutting the detention pond be shown with Spring water
elevations to determine if the retention elevation of 174.00 is
not already below normal Spring water elevation.
19. Tree cutting for construction will be designated on plans to be
submitted to the Planning Board for approval prior to
construction commencement on any lot. The applicant shall
submit written certification and an as-builtP lan of the
subdivision showing compliance prior to release of finish
pavement bond money. If more vegetaion has been removed then
the developer shall be required to restore by the planting of
mature trees under the direction of the tree warden.
20 . The plan shall meet the requirements of the D.P.W. , the Highway
survevor , the fire department and the tree warden.
21. Due to the waiver request under Section IV, A, 4 Dead End
Streets , for the length of the cul-de-sac the limited paved
� f
width of the roadway shall be 26 feet in accordance with the
definition of minor streets.
22 . The applicant shall submit a tree cutting plan prior to
construction on the site. In addition, the developer shall
contact the Planning Office the day before they cut the road
through for a field inspection.
23 . The Planning Board shall require the design of a landscaped
circle in the center of the proposed cul-de-sac by keeping as
much of the existing vegetation, as possible.
24 . Conditional approval of this subdivision does not imply
pre-approval of any other outstanding permits, specifically
those associated with Section 4 . 133 of the North Andover Zoning
By-Law - Watershed District Special Permit or Variances.
25 . Plans will not be endorsed until the proper submittal fee has
been submitted to the Planning Board for the application of the
Chapter 41 submittal at least 10 days in advance of the
endorsement of these plans.
26 . Lot #9 will not be released from the covenant nor be
constructed upon and no work shall be allowed to take place
until the developer has reconciled to the Planning Board
satisfaction the isolated land subject to flooding under
elevation 199 and will remain in tact and not be relocated for
the purpose of the removal of existing trees and vegetation and
that flood and drainage calculations addressing the 100 years
storm for that area subject to flooding have been submitted and
approved by the Planning Board with positive proof that no run
off waters from that part of the watershed will be caused to
flow out and onto Dale Street.
27 . The Street name shall be changed by request of the Fire Dept.
Notice to APPLICANT/TOWN 0ification of Action of-Planning Board
on Definitive Subdivision9Wr'-J,,,:,ft1rted: Orchard Path Estates
Owner, H. Michael Smo ? t • Stephen M. Smolak
By: John Callahan A&mate dated Aup�ust 22 _ 1 1986
Aff
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 forthwi.th'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 eub--
division, all as provided by G.L. c. 41t S. 81--U.
" 2. '' That all• such construction' and installations shall in all respects
iconform to the governing rules and regulations of this Board.
3. -That, 'as required by the North Andover Board of Health in its report to
this Boards no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
SEE ATTACHED CONDITIONS
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.
NORTH ANDOVER PLANNING BOARD
Date: Deggmhg JR - ,19RI; By: Frir+h .i TT+ + nho 1-b
FORM C
4r1EL MODIFICATION
1-
YPLI£�A QN FOR S OF DEFINITIVE PLM
ltQR +�-
SEP Z2 f l 23 �06 September 2, 1 19,.86
To the Planning Board of the Town of North Andover%
The undersigned, being the applicant as defined under. Chapter 41, Section
81-L, for approval of a proposed subdivision shown on a plan entitled
Orchard Path Estates
i
by John Callahan Associates dated August 29, 1986
,j being land bounded as follows: Northeasterly by other land of the Smolak family,
Southerly by bhe Coventry Lane Estates Subdivision and Westerly by Dale Street.
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. 538 153 ".
1360; 344;
Title. Reference: Aorth Essex Deeds, Book 1934 , Page 180 ; or
Certificate of Title No. , Registration Book , page ; or
Other:
$aid plan has(x:) has not( ) evolved from a preliminary plan submitted to
the Board of 12/26/84 1 and approved (with modifications) ({ )
disapproved ( on 5/28/85
, ]�
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 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 shalT,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 59dconstruction within two (2)
years from the date hereof. ''
C?AReceived pplicant: Coventry�Yopment Cor .
by Town Clerk:
Dates ySignature of Applicant
Time: / c el lak J , . 1 n-M. o �
Signature: pp S
NoAndover, MA 01845
i
flAN«L.
TOFO!; CL i X
NORTH .?, 90VER
,ORCHARD PATH - jgITf;Ifi WM9XVISION PLAN
DECISION Ntt77 ��®®
A. All Planning Board order of conditions are to be placed on the
recorded definitive plan prior to signature of the Board.
B. Prior to signing the definitive plans all deeds of easements
shall be submitted to the Planning Board and held in escrow
until completion. At the time of completion and prior to final
security release, thre developer and owner shall execute such
documents for the town.
C. A certified as-built plan shall be submitted to the Planning
Board showing the location of all utilities (electric, sewer
and telephone) prior to binder coat application.
D. In accordance with Section 4 .133 (2) , there will be NO dumping
or burying of wood stumps within the subdivision located in the
Watershed District.
E. A Notice of Intent shall be filed with the North Andover
Conservation Commission as required under Chapter 131, Wetlands
Protection Act and the local Conservation Commission' s
regulations and any changes required may be cause for
reconsideration of subdivision under Chapter 41.
F. Any changes or revision to the subdivision plans or profiles,
including the drainage as necessitated by order of conditions
by the Conservation Commission may be cause for modification to
the subdivision under Chapter 41, section 81 W. Note to be
placed on recorded plan.
1. Status of Old Dale Street shall be clarified, i.e. , letter
indicating that it has been officially abandonned. Also, Old
Dale Street shall be indicated on the plans.
2 . All drainage and sewer easements shall be dimensioned and noted
and deeds of easements shall be submitted to the Planning Board
in proper form prior to endorsement of the plan and shall
contain language that the Town of North Andover is not
responsible for extensive repairs to landscaping and replacing
of structures .
3 . Granite curbing shall be installed on all road slopes exceeding
4% and the balance of the subdivision shall have cape cod
bituminous berm installed along both sides of the roadway.
4 . Applicant shall submit to the Planning Board gutter profiles of
the intersection of Orchard Path and Dale Street for approval
demonstrating that the proposed catch basins are in conformity
with proposed low point and rim elevations of 119.19 on Sheet
3 .
f
i
i
i
6. The driveway from the dwelling on Lot 8 will enter only onto
Orchard Path and not onto Dale Street. The Planning Board is
of the opinion that the minimizing of driveway curb cuts onto
Dale Street will enhance the traffic safety, health and
welfare.
7 . No construction will take place on the subdivision until final
detailed plans haie been submitted and approved by the
Department of Public Works and have been submitted to the
Planning Board for approval of the proposed sewerage pumping
station, force main location and gravity flow sewer line.
Detail will include Street Opening permit from the Highway
Surveyor and will detail excavation on to Dale Street with
specific times of day for construction so as to minimize
interference with peak traffic.
8. No pavement will be placed on Orchard Path until all
underground utilities, including but not limited to, drainage
detention basins, water , electrical and sewer , have been
installed, inspected and approved in writing by the respective
approving authorities and submitted to the Planning Board. The
Design Engineer shall submit, in writing, certification to the
Planning Board, that all utilities are properly installed in
accordance with the subdivision plan and that there is no
requirement to excavate any additional trenches across the
roadway in and/or abutting the subdivision.
9 . Subject to a bond in the amount of $6000 to guarantee the final
as-built and acceptance plans for the entire subdivision
including detention ponds. Said bond amount does not include
the setting of street monumentation which is governed by the
Highway Surveyor ' s street bond.
10 . No lots will be released from the covenant until the binder
coat of pavement has been installed on Orchard Path and all
trench excavation on Dale Street has been fully and completely
repaved to the satisfaction of the Highway Surveyor and the
Planning Board.
11. The proposed swale across Lot 2 shall be encompassed by a
drainage easement running to the Town of North Andover for the
purpose of ensuring flood water flows from Dale Street across
Lot 2 to the detention basin on Lot 1. Said easement will
allow the Town of North Andover to enter into said lot for the
purpose of regrading as required to permit the free passage of
storm waters. Prior to the release of Lot 2 from the covenant,
a copy of the deed for Lot 2 will be submitted for approval to
the PlanningBoard
which will include the e Easement and
substance to exclude any homeowner of Lot 2 from filling,
regrading or placing any structure upon the Easement and shall
include that the Town of North Andover is not responsible for
for any replacement of structures upon the easement.
12 . Deeds of conveyance for Lot 1 shall contain and be subject to
i
a restriction prohibiting the alteration and or filling within
the drainage easement beyond the approved contours of the
detention area.
13. No individual dwelling shall be served by a sewerage pumping or
ejection station without the expilcit written approval of the
Board of Health. Written certification by the Design Engineer
to this effect will be required prior to the release of final
bond money.
14 . There shall be no driveways where stone bound monuments and
catch basins are placed.
115 . The drainage pipe on Lot 5 shall be redesigned to conform to
the rules regarding velocity of flow in drainage pipes.
Driveway entry permits shall be obtained from the Highway
Surveyor prior to excavation for driveway.
16. All drainage pipes shall have the required cover over the top
of the pipe to finish grade as prescribed by the rules and
regulations. Written certification by the design engineer will
be required prior to the placement of any bituminous pavement.
17. The applicant shall reconcile the distance from the catch basin
to the proposed headwall on Lot 5 as delineated on Sheet 3 and
shall specify with construction specifications the size of
stone rip rap at the dispersement basin on Lot 5.
18 . The applicant shall specify with construction details and
specifications the size of the stone rip-rap and the size of
the detention basins on Lot 1 including the spillway and shall
reconcile the spillway elevation to conform to the drainage
calculations.
19 . The Planning Board approves the use of retention capability in
the detention basin of Lot 1, but requires that the wetland
abutting the detention pond be shown with Spring water
elevations to determine if the retention elevation of 174.00 is
not already below normal Spring water elevation.
20 . Tree cutting for construction will be designated on plans to be
submitted to the Planning Board for approval prior to
construction commencement on any lot. The applicant shall
submit written certification and an as-built plan of the
subdivision showing compliance prior to release of finish
pavement bond money. If more vegetaion has been removed then
the developer shall be required to restore by the planting of
mature trees under the direction of the tree warden.
?1. The plan shall meet the requirements of the D.P.W. , the Highway
surveyor , the fire department and the tree warden.
2. Due to the waiver request under Section IV, A, 4 Dead End
Streets, for the length of the cul-de-sac the limited paved
width of the roadway shall be 26 feet in accordance with the
definition of minor streets.
2) . The applicant shall submit a tree cutting plan prior to
construction on the site. In addition, the developer shall
contact the Planning Office the day before they cut the road
through for a field inspection.
The Planning Board shall require the design of a landscaped
circle in the center of the proposed cul-de-sac by keeping as
much of the existing vegetation.
24. Conditional approval of this subdivision does not imply
pre-approval of any other outstanding permits , specifically
those associated with Section 4.133 of the North Andover Zoning
By-Law - Watershed District Special Permit or Variances,
25. Plans will not be endorsed until the proper submittal fee has
been submitted to the Planning Board for the application of the
Chapter 41 submittal at least 10 days in advance of the
endorsement of these plans.
26 . Lot #9 will not be released from the covenant nor be
constructed upon and no work shall be allowed to take place
until the developer has reconciled to the Planning Board
satisfaction the isolated land subject to flooding under
elevation 199 and will remain in tact and not be relocated for
the purpose of the removal of existing trees and vegetation and
that flood and drainage calculations addressing the 100 years
storm for that area subject to flooding have been submitted and
approved by the Planning Board with positive proof that no run
off waters from that part of the watershed will be caused to
flow out and onto Dale Street.
27. The Street name shall be changed by request of the Fire Dept.
APPLICATION FOR ENDORSEMENT OP PLAN
BELIEVED NOT TO REQUIRE APPROVAL
6u w�
NC=:'°H A :CN ER
April 24 19 87
#�a ! ca
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accanpanying plan and requests a determination'
by said Board that approval by it under the Subdivision Control Law is not required.
The undersigned believes that such approval is not required for the following reasons:
1. The division of land shown on the accapanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North Andover Zoning By-Law and is on a public way, namely, Dale Street and
South Bradford Street , or a private way, namely,
, being land bounded as follows:
(Lots B-1 & B-2) Southerly by Dale St. . westerly & northerly by othgr land
of Smolak. Easterly by land gf Kathleen Murnhv.
(Lots A-1 & A-2) Westerly bg Routh Bradford St. - northerly, eagterly and
southerly by other land of Smolak.
2. Title reference: North Essex Deeds, Book 531 page 437 , or
Certificate of Title No Registration Book____--..
page or other:
See plan entitled, Plan of Land in North Andover; MA, prepared for H. Michael
Smolak, Jr. , Helen R. and Trust of Martin Smolak, dated April 20, 1987, by
Richard F. Kaminski & Assoc. , Inc.
Received by Town Clerk: Applicant's sign ure
Date:
Time: Applicant's address
Signature: 62AL') .C7 hT
owner's signature and address, if not the
applicant: Q
Notice to APPLICANT/ OM 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
endorsenent has been made upon the same.
2. The No Andover P1 has Bete n that said plan shows a
s visi as def by L. c. 41 s. 81-L and mus efore,
ulanitt to it r approv the s control
Very truly yours,
NO VIII PLANNING BOARD
BY
Date
i
TOWN OF NORTH ANDOVER
120 Main Street
North Andover, MA. 01845
685-4775
•
MEMORANDUM
TO: Those Listed Below
FROM: Planning Board
DATE: July 22, 1986 } \
SUBJ. : Orchard Path Preliminary Plan
The Orchard Path Preliminary Plan dated April 24,1986 prepared by
John Callahan Associates for Michael Smolak has been withdrawn without
prejudice.
kn
cc:
Fire Chief
Highway
Public Works
NACC
Police Chief
Health
Building
Applicant
Engineer
FIle
Town Clerk
Notice to nPPlan entitled:CLERK of Acte o l i g Board PryMary
Subdivision Plan entitled. :
BY: 4 L4A AJ kn( a -V' S dated
1. The North Andover Planning Board has tentati approved said plan, with-
out any modifications thereof.
2. The North Andover Planning Board has disa ed said plant for the
following reasons:
" 3. The North Andover Planning B a tentat vely approved aai
subject to the following eof:
V
V
Very truly yours!
Sao 1d to zI NORTH ANDOM PLANNING BOARD
93A0GNV IAI)JON By F.RT( H W_ NTT7.s( T4V.1001 __
CHAIRMAN
ONGI 13100 Date: , July 21 , 1986
O 3Ai 39'31 -
RECEIVED
DANIEL LONG
TOWN i,1, FiK
NINTH ANDOVER
t " FORM B
An 25 APPLI R*R APPROVAL OF A PRELIMINARY PLAN
AF>i>,l L 2 191L
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section 81—L#
for approval of a proposed a*bdivisiap shown on a plan entitled
O2G1tA,IZCs P•4TAl QST GS
. .. —
By .�'oA-0 G4 L4_4 -A-) dated ARZIL `?�,L.._s lq �'Co
being land pounded as follows:
L-.�c9�U2.L_� F3x 'CTf-t C��1c���( �;.Al�;(�Sjf�Tt�. 5vy�►?t�7LStor.�
Au r) �.1�-r�z>rY�lC�.Y TL-P--
hereby submit$ iaid/plan as a PPJL MI MY subdi on-plass in accordance with the
Rules and Regulationsyof the North Andover P1 Board 'and makes application to
the Board for approval 6f said plan.
yliv� y
Title reference: NortIs' Essex Deeds, Book.Q& Page3
Ms No qDwk Page.; or
Others
. t r
a' i
w'
yf is is t , .,•, r
Received by Town Clerks
Dates p icaut's dress ►( n / �
0 40
Times
Signature:
Omer's signature and address if not the
applicant:
^ c
R
r r
6
NOR
APR 24 3 cs PN '87
Richard F. Kaminski & Associates, Inc.
April 24, 1987
Town Clerk
Town of North Andover
Town Hall
Main St.
N. Andover, MA 01845
Re: Planning Board Approval Under
the Subdivision Control Law
Not Required, Smolak Land,
North Andover, MA
Dear Sir:
Please be advised that in accordance with M.G.L. , Chap. 41 ,
Section 81T and at the request of our client, Mr. Michael Smolak,
this office has submitted the below described plan to the
Planning Board for endorsement under Chapter 41 , Section 81P.
A copy of the Form A application is enclosed for your files.
Plan entitled:
"Plan of Land in North Andover, MA, prepared for H. Michael,
Sr. , Helen R. , and Trust of Martin Smolak"
Very truly yours,
Ric rd F. Kaminski & Assoc. , Inc.
J// W�
David A. Webber, R.L.S.
Vice President
DAW/ner
DAW1466
Architects ❑ Engineers ❑ Surveyors E3 Land Planners
g Y
200 Sutton St., North Andover, MA 01845, (617) 687-1483
I
APPLICATION FOR E.NDORSn`= OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
NAY R April 24 19 87
0
To the Planning Board of the Town of North Andover:
undersigned wishes to record the accompanying plan and requests a determination
Wsaid Board that approval by it under the subdivision Control Law is not required.
The undersigned believes that such approval is not required for the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North Andover Zoning By-Law and is on a public way, namely, Dale Street and
South Bradford Street , or a private way, namely,
being land bounded as follows:
(Lots B-1 & B-2) Southerly by Dale St. , westerly & northerly by otbgr land
of Smolak. Eggtrjyland of KgLjjjCVn Murpby,
Lots A-1 & -
southerly by other land of Smolak
2, Title reference: North Essex Deeds, Book 531 Page 437 or
Certificate of Title No: Registration Book
page or Other:
See plan entitled, Plan of Land in North Andover, MA, prepared for H. Michael
Smolak, Jr. , Helen R. and Trust of Martin Smolak, dated April 20, 1987, by
Richard F. Kaminski & Assoc. , Inc.
Received by Town Clerk: Applicant's sign ure
Date: - �"
tl
Time: Applicant's address
Signature: -- —- -- 345- d' 106= &dL>M&2 &Z
Owner's signature and address, if not the
applicant:
Notice to APPTZCANT/TOWN CLERK of Action of Planning Board on Accarpanying 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 same.
I�
2. The North Andover Planning Board has determined that said plan shows a
subdivision, as defined by G.L. c. 41, s. 81-L, and must, therefore, be
re-submitted to it for approval under the subdivision control law.
Very truly yours,
NORTH ANDOVER PLANNING BOARD
By
Date
Y
ohn engineers
allahan
s s o c i a t e s architects
166 No. Main Street Andover, Massachusetts 01810 / 617 : 475 0606
planners
August 13, 1986
Town of North Andover '
Planning Board
120 Main Street
North Andover, MA 01845
Attention: Mrs . Karen Nelson, Planner
Re : Orchard Hill Commerce Park Subdivision
Dear Mrs . Nelson:
This is a written notification granting the Town of North Andover
Planning Board an extension until Tuesday, September 9, 1986 to
act upon the proposed Orchard Hill Commerce Park Subdivision plans .
Thank you.
-cry truly yours,
//John J. Callahan
5-jOHN CALLAHAN ASSOCIATES
JJC; st
98, E , �,
i
P�Vr , T �ti
Received by Town Clerk: QA; ,. 1 `r,`��, 61
Tul
fro E R
JUL
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APi'LICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
1
Applicant -r,. SOUTH ,iA> U:� ST hr
PP _: 1,, �..�... .�_.:� ..r.�:_ Ja__--- Address 15 �
1. Application is hereby made: 1IOt?"_'tTD073tt, 1;AaS. "
For a variance from the requirements of Section 4.13$aragraph (4).
and Table of the Zoning By Laws . 3`.:'
b) For a Special Permit under Section Paragraph of the Zoning ,
By Laws . *t3 .
c) As a Party Aggrieved, for review of a decision made. by the
Building Inspector or other authority. '
2. ' a) Premises affected are land and building(s) numbered
Street.
Premises affected are property with frontage ^on the North
South GO East ( } west .( ) side of DALE 6TRLET ��
, awl, '. .3U ,r�i'y lix =,tf*"�;,i1 LOTS t 8 it
Street , '
j2 1411) A Y A O.ZCiA:�`i 2Y.TH ESTATES
c) Premises affected are in Zoning District , and the premises
affected have an area of square feet and frontage of `�"
feet . .
3. Ownership r
^�3'firi
Name and address of owner (if joint ownership, give all names ) :
_ Cr
,17 J'1I 1ti V..1 P__
Date of Purchase
previous Owner " GLLr,lVlal .a
i'���,�,�J --_r—,P
b) If applicant is not owner , check his/her interest in the premises: -
_Prospective Purchaser Lesee Other (explain)
4,. Size of proposed building: — front; feet deep;
n Height _ stories; Meet . b;t
a) Approximate date of erection:
b) Occupancy or use of each floor:_ _
C Type of constructions
5 . Size of existing building: feet front; feet deeps
Height — stories; feet. i'
a) Approximate date of erection: — f *
b) Occupancy or use of each floor : � .,.
C ) Type of construction: _
6. Has there been a previous appeal , under zoning, on these premises?
r �a
P+0 If so when? y�
;#e v':111 close otl tilt/ title Oil 7/ 1,20/ -and� Lld 1S 0vin8Cz by ]e Qcug11teY'8
weor; e Gle inie . ut`_i rotersen, iielen -Tlinnos & i:'arian Olsen Title 1� .
will ce in our name when the bo.-rd considers this.
fir•".waNs«
CoustY'uction of RoadwJ y §I;
#r,� •
1
7 . Description of relief sought on this petition REQUEST VARIANCE TO '
r
BUILD lJV D.,'.hPON 30 FOOT SECTION Or -r�1T RaHH
ED IlIS'i.'RICT '
8. Deed recorded in the Registry of Deeds in Book Page k
Land Court Certificate No. Book Page ,
P "Is ► sem"
The principal points upon which I base my application are as follows:
(must be stated in detail ) +;
ON N FA7 PAG
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses* '
t3
Sig ture of Petitioner (s)
Every application for action 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 mere
notice of intention to seek relief until such time as it is made on _thet.
official application forma 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 list shall include the petitioner, abutters, owners of land directly
opposite on any public or private street or way, and abutters to the
abutters within three hundred feet (300' ) of the property line of the
petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another cit '
or town, the Planning Board of the city or town, and the Planning Board. of, ,
every abutting city or town.
*Every application shall be submitted with an application charge cost in .
the amount of $25.00. In addition, the petitioner shall be responsible `F
for any and all costs involved in bringing the petition before the Board. ..
such costs shall include mailing and publication, but are not necessarily . '
limited to these. :
Every application shall be submitted with a plan of land approved by they`
Board. No petition will be brought before the Board unless said plan has��
been submitted. Copies of the Board's requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name Address
ANTHONY w ELLEN FORESTA BRE,iTWOOD CIRCLE, NORTH ANDOVER, ' `
018
H. IIIC AEL, HE1E1d R. SMOLAK 315 SOUTH BRADFORD ST.
ES1^ATB OF i';iAi�TI? ai10LAf NORTHAP�DOVER, MASS. 018¢5
::STATE, Or GEORGE GLEiiItiIE 21 7dOLCUTT AVE. t.
ANDOVER, MASS. 01810 k"
RO:�LRT w PA�_,ICIA JA;JII,'SKI RD 2 SPLIT ROCK ROAD BOX 225 A
P" l'1 T' r'1'� a e
a
BOONTON, 1PEW;JERSEY 07005 '
COVENTRY D V.ELOY E1dT CORP. 100 LIUDBERG AVE 3 '
(use additional sheet'sT NAeN"�drP18`('4' f ;
THE 1i0112H ANDOTEi PLAN11ING BOARD 120 Ia- IN STREET
v
NORTH ANDOVER, , MASS. 01845 =t
PLAN OF LAND TO ACCOMPANY PETITION <
f t t
Each application and petition to the Board shall be accompanied by ,
five (5) copies of the following described plan
" The size of the plan shall be 11 x 17, drawn to scale, 1 inch k
equals40 feet; it shall have a north point, names of streets ,
zoning districts, names and addresses of owners of properties
within a minimum of 200 feet of the subject property, property
lines and location of buildings on surrounding properties . The
u.
location of buildings or use of the property where a variance is ,
requested and distances from adjacent buildings and property lines .4;;<
shall be verified in the field and shown on the plan. The
dimensions of the lot and the percentage of the lot covered by the
^' principal and accessory buildings and the required parking spaces
shall be shown. Entrances , exits , driveways , etc. that are
per to the granting of the variance shall be shown. All
proposed data shall be shown in red.
F
t}6,
Any topographical feature of the parcel of land relied upon fora
RY; °i. w, variance, such as ledge, rock peat, or natural condition of water,
brook, or river , shall be shown on the engineering plan. When a
" variance is requested to subdivide a parcel of land, the dmen-
�+ sions and area of the surrounding lots may be taken from the deed
or lotting plan for comparison of the size of the lots in the 4 N
neighborhood, noted on the plan as such, and marked "approximate" .
The plan shall be signed and bear the seal of a registered '
surveyor or engineer. Any plans presented with the petition shall
remain a part of the records of the Board of Appeals ..
If living quarters are to be ;remodeled, or areas are to be
i
s� converted into living quarters.,.• in addition to the plot plan, five v,!
,t w
*s (5) copies of the following described plans shall be furnished: -
`rgg 1. A floor plan of each floor on which remodeling is to be done r �
to � • or areas converted into living quarters; i
t4 2. A floor plan showing the stairways , halls, doors opening into } Vn ..
^^4 the halls, and exit 'doors of each floor or .floors where no re-
modeling or converting is to be done;
3. The plans and elevations shall show a1.1 existing work. All
proposed work shall be shown in red. The size of each plan
shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot.
All plans and elevations presented with the petition shall remain
a part of the records of the, Board of Appeals .
For petitions requesting variation(s ) from the provisions of
Section 7, Paragrpahs 7. 1, 7. 2, 7. 3, and 7.4 and Table 2 of the
Zoning By Law for conveyance purposes only, a plot plan, certified
by a registered engineer or land surveyor , of the parcel of land
with a structure thereon being conveyed, will be acceptable to the
Board of Appeals provided:
1. The dwelling(s ) , structure (s ) , or building(s ) were constructed
^ prior to March 14, 1977.
2. The petition is not to allow construction or alteration to
the dwelling (s)', structure(s) , or building(s ) which will re- s
sult in the need for the issuance of a building permit.
:E 3, The size of the plan shalt be no smaller than 8 .1/2 x 11 '
inches and must show the existing area of the parcel , the +
existing frontage, and the existing setbacks of the
dwelling(s ) , structure(s ) , or building(s ) being conveyed.
t 4. Proper space is provided on the plot plan for the Board' s
r signatures , as well as adequate space for the following
information: date of filing, date of public hearing, and
Tt" `
date of approval .
'` 4
4
$. The principal points upon which I base my application are
as follows
The request for a variance to construct an 80 foot section
of roadway in the Watershed District ,is due to a redesign of
the "Orchard Path" section of the Coventry Estates Subdivision '
(off Dale St. ) . Some key background information concerning the
request is as follows ; � ;..
1) The Coventry Estates plan was filed on 8V � 1qrby
and was subsequently approved by the :Manning Board. Therefore,
the portion of the Coventry property (including; the Orchard Path ' .,
area) that is in the `1r'aterLhed District, does not fall under
the three year building moratorium. K;
2:) Subsequently, I entered into an agreement to purchase a small
adjacent parcel of land to achieve a less disruptive and more
environmentally sensitive land use for the entire Orchard .Path
property.
3) she major change in the revised "Orchard Path" plan was to
reduce the length of the roadway (All in the 'Viatershed) from
1100 ft. to 360 ft.
wo
4) However, a small section( About 80ft. ) of the redesigned road
way is on the recently purchased section of property and not
on the original a
g approved subdivision area. Thus, I .gust r
request a variance to construct this section of road.
I believe the revised road plan would minimize the impact on
the Y(latershed compared to the original plan because the overall
length of roadway in the Watershed would be far shorter. Also,
the revised plan would meet the three primary criteria for °
granting a variance: > ;?
1)The redesign is being made specifically due .to circumstances
relating to soil conditions, slope or topography.
2)I will incur substantial financial hardship if the revised
plan is not approved.
074
3 )There hill be no 'substantial detriment to the public good
or derogation of the intent of the bylaw because the
proposal will lessen the impact on the 'duatershed compared to
the original approved plan.
��yy
i r4
/ Pot
k
C
OA141E1lJlEG engineers
a11ahan wORIipNL; ER
s s o c i a t e s Z 1202FM '86 architeets
166 Mo. Main Street Andover, Massachusetts 01810 / 617 : 475 0606
� p1anaers
Q
1
July 21 , 1936
Town of North Andover
Planning Board
120 Main Street
North Andover, MA 01845
Attention: Mrs . .Karen Nelson, Planner
Re Orchard Hill Commerce Park
Dear Mrs . Nelson:
This is a written notification granting gh rth Andover
ZZ
Planning Board an extension until Wednesday, ust 1936 •o act
upon the proposed "Orchard Hill Commerce Park Su ivision' .
For your information and review we are enclosing a copy of the
Environmental Notification Form (the original of which was sent to
the Office of Environmental Affairs , MEPA Unit 6/3/86) , and a copy
of a letter to Ms . Nancy Baker (MEPA Unit) which contains traffic
studies from the Bureau of Transportation Planning and Development,
along with our traffic impact analysis , all pertaining to the area
of the proposed Subdivision.
Also , for your records , the notice of intent to file the ENF
was published in the North Andover Citizen 6/5/86, indicating that
a complete filing, with the plans, were available for public review
at the Town Clerk' s Office 6/5 through 7/5/86.
At this time we are working in coordination with the Soils
Conservation Service and environmental engineering specialists to
T0 " ri F )K
NOR OY i•., t�as �,
'• •�e. d
10 1139 AM '951
TOWN OF NORTH ANDOVER
MASSACHUSEZTS
�,
°{
e
BOARD OF APPEALS A"`AL DEQ
VC\eCK•. y
NOTICE OF DECISION
H. Michael Smolak, Jr. Date . .Septembex. .1.0. 19$6. . .
315 South Bradford St.
North Andover , MA 01845 Petition No.. . Sa*8.7. . . . . . . . . . . . . . .
Date of Hearing. .Aug uat. 12,. .19 86
Petition of H. Michael Smolak, Jr.
Promises affected . . . . . . . . . . . . . . .South .si.de. .of. .Sale . St.. .rgAdWAY. l?@tweep , T,.ots 3 & 8
portion of the revised plan of Coverntry A/K/A Orchard Path Estates
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
Section 4 , Paragraph 4 . 133 (4) of the zoning bylaws .
so as to permit .th,e. b,ua l,din.g_ of A roadway on 80 ' section of watershed
dis,tri;ct.•. . . . . . . . . .
After a public hearing given on the above date,the Board of Appeals voted to . . .GRAN T. the
variance . . . . . lierlR gilFtiftfhi651�ial3yi51fdfr �iL3it 'S`
Asx . . .The. .Board. .fog s. ,that, moxe . ,l."4 will be returned to nature
than taken away by the granting of this variance .
fin ict[exau�ot�fc� #�13a�td gid l�i �hY,r�
Signed
. . . . . . .Al.fre.d .rxiz.eIIe ,.•Vic.ecchairman
. . . . . . . . .Wi.l li.am. .suLlivan. . . . . . . . . . .
. . . . . Raymond. •Vivenz•io. . . . . . . . . .
Anna.•O!Connor. . . . . . . . . . . . . .
Board of Appeals
. i
j PIECEiVEL tNORT1, 1
7/�y� p /.3 •..r. P
NORT 4 ,
Cp 1 ] }A� • � ...ss�. . • it be filed
,asAC14U
Any notice
TOWN OF NORTH ANDOVER 6aj 4,1.
16 6T ti`tl n
of ;s:d °f, Tow
MASSACHUSETTS �ntthe ()Mce the
clerk.
BOARD OF APPEALS
September 10, 1986
Petition #6-87
H. Michael Smolak, Jr .
315 South Bradford St .
Mr. Daniel Long, Town Clerk
120 Main Street
North Andover , MA 01845
Dear Mr. Long;
The Board of Appeals held a public hearing on August 12 , 1986 upon
the , application of H . Michael Smolak , Jr. requesting a variance on
the requirements of Section 4 , Paragraph 4. 133 (4) . of the zoning by-
laws: so as to permit the building of a roadway on 801 section of the
watershed district. The following members were present and voting:
Frank Serio, Jr. , Chairman , Alfred Frizelle , Vice chairman, William
Sullivan, Raymond Vivenzio and Anna O ' Connor.
The', hearing was advertised in the North Andover Citizen on July 24
and,IJuly 31 , 1986 and all abutters were notified by regular mail .
Motion made by Alfred Frizelle and seconded by William Sullivan to
GRANT this petition as requested to permit the building of a roadway
on 601 section of the watershed district. The Board feels that this
petition differs sufficiently from other petitions the Board has had
can erning construction in the watershed district. The Board feels
that more land will be returned to nature than taken away by the
gr'a�ting of this 'variance.
Sincerely,
BOARD OF APPEALS
Frank 5 rio , Jr Chairman
fawlt
List of Abutters
Lot 1 , Parcel #19
Orchard Path Estates
Orchard Realty Trust
George R. Barker Jr. Tr.
1267 Osgood St.
N. Andover, MA 01845
Martin Smolak
Helen R Smolak
H. Michael Smolak
315 S. Bradford St.
N. Andover, MA 01845
George W. Glennie
21 Walcott Ave.
Andover, MA 01810
Anthony J. & Ellen Forests
15 Sagamore Dr.
Andover, MA 01810
Ralph A. & Marie E. Barbagallo
66 Boxford St .
N. Andover, MA 01845
M.D. Limited partnership
25 Walnut St.
Wellesley, MA 02181
H. Michael , Stephen & John Smolak
315 S. Bradford St .
N. Andover, MA 01845
List of Abutters
Lot 1 , Parcel #19
Orchard Path Estates
Orchard Realty Trust
George R. Barker Jr. Tr.
1267 Osgood St.
N. Andover, MA 01845
Martin Smolak
Helen R Smolak
H. Michael Smolak
315 S. Bradford St.
N. Andover, MA 01845
George W. Glennie
21 Walcott Ave.
Andover, MA 01810
Anthony J. & Ellen Foresta
15 Sagamore Dr.
Andover, MA 01810
Ralph A. & Marie E. Barbagallo
66 Boxford St.
N. Andover, MA 01845
M.D. Limited partnership
25 Walnut St.
Wellesley, MA 02181
H. Michael , Stephen & John Smolak
315 S. Bradford St .
N. Andover, MA 01845
-- i
v
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALrrY t.N%+4+•—,w•–
. fid'.•t _ _
10.99: continued
1
• Dec �� � ��( �!� �J1
Form a DECE FRO No.
((���; [To as aro.wea ar 0E4E1
( Commonwealth
}
of Massachusetts �-• �� Cgyrrawn N. Andover
AooficaN H. Michael Smolak
y Y Notice of intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information
1. Location:Street Address Parcel 19, Dale St.
;i Lot Numbef
Dwelling Construction of a single family
2. Project:Type Construc tion Description
dwelling and associated structures on 1.01 acre Form A lot on
Dale St. in the Orchard Path subdivision. Municipal water and
sewerage are available to the site.
North Essex 2394 122
3 Page
3. Registry:County Current Book
Certificate(if Registered Land)
a, Applicant
H. Michael Smolak Tel 688-8058
Address 315 S. Bradford St. , N. Andover, MA 01845
S. PropertyOwner
Orchard Realty Trust Tei. 688-5617
George Barker Jr. , Tr., 1267 Osgood St. , N. Andover, MA
Address
Richard F. Kaminski & Assoc. , Inc : 687-1483
6. Representative Tel.
200 Sutton St. , N. Andover, MA 01845
Address
7. Have the Conservation Commission and the DEOF I Regional Office each been sent,by certified mail ar
hand delivery.2 copies of completed Notice of Intent,with supporting plans and documents?
i
Yes No 0
The enclosed information which shows construction or. alteration outside of areas
subject to the Act is submitted in order to provide a comprehensive planning
package.e. This construction or alteration is not subject to regulation under the
Act nor is it included as construction or alteration proposed -under this
Notice of Intent.
•N
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALtI Y
10.99: continued
S. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes (3 No ❑
Obtained: Applied For: Not Applied For.
All necessary Planning Board and Board of Health permits .have
been obtained.
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.c. t 31. 140A or G.L
c. 130, 51057 Yes ❑ No. 1t
10. List all plans and supporting doc=ents submitted with this Notice of Intent.
Identifying
Number/Letter Title.Date
EN-1 Existing Conditions Plan, 11/25/87
EN-2 Site Development and Regrading Plan, 11/28/87
3 '
Y •
11.Check those resource areas within which work is proposed:
(a) Buffer Zone
t
(b)Inland:
❑ Bank' Land Subject to Flooding.
❑ Bordering Vegetated Wetland' ❑ Bordering
❑ Land Under Water Body&Waterway' ❑ Isolated
(c)Coastal:
❑ Land Under the Ocean ❑ Designated Port Area'
❑ Coastal Beach• ❑ Coastal Dune
❑ Barrier Beac.1 ❑' Coastal Bank
❑ Rocky Intertidal Shore' ❑ Salt Marsh'
❑ Land Under Salt Pond' ❑ Land Containing Shellfish
❑ Fish Run'
•Ukely to involve U.S.Army Corps of Engineers concv"ont itAsd:ction.See General Instructions for
Completing Notice of Intent.
NA . . _•.. 3-2
10/16/87 (Effective 11/1/87) 310 CMR-280.18
10.99: continued
12 Is the wetland resource area to be altered by the proposed work located an the most recent
te-listed"vertebrate and invertebrate animal species
Estimated Habitat Map(it any)of rare "sta
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program? 44
YES [ [ N4 [ X1 October
printedon the eFr 197 d Habitat Map issued
No MAP AVAILABLE [ I
(if any)_„
I Intent and filed them, along with
Endangered Species Program by
-If yes, have you completed an Appendix A and a Notice o
supporting documentation with the Natural Heritage and received Appendix A prior to the
certified mail or hand delivery.so that the Program shalt have
filing of this Notice of intent?
YES [' j N.0 [ I
z ,
310 CMR 280.19
10/16!87 (Effective 11/1/87)
10.99: continued -
Pert I1:Site Description
Indicate which of the following information has been provided (on aptan,in rtarrabwe description or cafcula•
tions)to clearly.completely and accurately describe existing site conditions.
Identifying
Number/Letter
lot plan,narrative
or calculations)
Natural Features:
EN-1 Soil
�_ vegetation
EN-1 Topography
none Open water bodies(including ponds and lakes)
none Flowing watertmdlea(including streams and rivers)
none• Public and private surtace water and groundwater supplies o^or within 100 teat of site
Maximum annual ground water elevations with dates and location
n of test
EN-1 Boundaries of resource areas checked under Part t,item 11 above
Other
Man-made Features:
EN-1 Structures(such as buildings.piers,towers and headwalls)
EN-1 Drainage and flood control facflfffes at the site and immediately off the site,including
culverts and open channels (with inverts).dams and dikes
none Subsurface sewage disposal systems
EN-1 _ Underground utNes
EN-1 Roadways and barking areas
EN-1_ Property boundaries,easements andrighta-of-way
Other
Part fit:Work Description
Indicate which of the following information has been provided(On a plan,in narrative destafptfon ar paleufa•
`•:fit Bans)to clearly.completely and accurately describe work Proposed within each of the resource areas
checked in Part I.item 11 above.
Identifying
Numberltetter
(of plan,narrative
or calculations)
PIBnview and Cross Section of:
EN-2 Structures(such as buildings.piers.towers and headwaas)
none Drainage and:load control facilities,including culverts and open channels(with irnerhi.
dams and dices
none Subsurface sewage disposal systems&underground utilities
EN-2 Filling,dredging and excavating,indicating volume and composition of material
noneCompensatory storage areas,where required in adcatdanea with Part tit,Section 10:57
(4)of the regulations
none Wildlife habitat restoration of replication areas
Other
4 Point Source Discharge
none Description of characteristics of discharge tram gein48ource(both dosed and open
channel),when point of discharge fails within rescume area checked under Part.[.item
11 above,as supported by standard engineering calculations,data and plans.including
t
but not limited to the following: 3.4
310 CNtR-280.20
10/16/87 (Effective 11/1/87)
X10 CMR: OEPARTMF•4T OF ENVIRUNMr `
10.99: continued
1. Delineation of the drainage area contributing to the point of discharge: a for at least the
Z• Pre-and post•deveioPment peak run-oft from the drainage area.at the Point of discharg
10•year and 100•Year frequency storm:
3, Pre and Dost devebpment rate of infiltration contributing to the resotuce area checked under Part I.item
11 above: Ment run-off at the Point of discharge.
4. Estimated water quality enaracterisdcs of pre•and Post•develop
Part IV:Mitigating Measures lana and calculations where
4. Claarty,completely and accurately describe,with reference to supporting P
necessary:
lai . meet the performance standards set
All measures and designs Proposed to forth under each re-
source area specified in Part 11 or Part Ill of the regulations:or Ili of the regula•
(Wwhy the presumPdons set forth under east+resource area spsciti®d in Part 11 or Part
tions do not a001Y•
I Idenoying"Umver or lfttw
Coastal Resource Arn Type a
L7 Coastal
support documents
Cl (Nand
I laendty"r%Imaar or Ism
ae area Typ.: a swoon ypoan+anu
C3Caaaisi Aesow
❑ IntwoI
3•S ,
310 CMA-280.21
10/16/87 (Effective 11/1/87)
t
310 CMF,:
10.99: continued
_ iu.niaYe,q rneeeer ar tener
C coastal Resource,use Type of waoort 00CtMeeA�e
Q INMW -
2. Clearly,comoleteiy and accurately describe,
with reference to Supporting plana and calculations where
necessary:
f (s) and designs to regulate work within the Bullar Zone so as to ensure that said work
does not alter n area specified in Part I,Section 10.02(1)(a) of these regulations,or
all measures a
ill-alter such an area all measures and designs proposed to meet the
(b) if work in the Buffer Zone w
performance standards established for the adjacent resource areaspecitled is Part q or..
Part ill of these Mguiaticas.
t00•ROOt Q[�reffenery ZOnC benuye7ti numoor or fever
C Cosuef flaeteoe Ara Type BpeuaO BY - W m,ppart pogRnenq
Mn4
de will EN-2
The wetland areas both natural,and manma ,
be protected against siltation by:
bed area upon completion of
1. Seeding the distur
the proposed regrading.
2. Utilization 'of fabric erosion control
fencing between altered areas and wetlands.
3. Incorporation of temporary
orary cover into the.
erosion control plan.
310 CUR-780.22
10/16/87 (Effective 11/1187)
P 310 CMR: Urrtu%&Mc ..
10.99: continued
Part Y:Additional information tar a Department of the Army Permit
2. Not`A licable
1. COE Application No. (Name of waterway)
(to be provided by COE)
3, Names and addresses of property owners adjoining your property:
4. 00CUment other proleCt alternatives g.e.,other locations and/or construction methods.particularly those
that would eliminate the discharge of dredged or fifimaterial into waters or wetlands).
5. 8%:" x t 1 a drawings in pianview and croas•sectfon.showing the resource area and the proposed active
ily within the resource area.Drawings must be to scale and should be clear enough for pnotoccoying.
Certification is.required.lram the Otvisien.of Water P.ollution.Control before the.Federal permit can be
issued.Certification may be obtained by contacting the Division of Water pollution Control,Z Winter Street.
Boston,Massachusetts 02101L
thZone
e activity will take place ce within the area under the Massachusetts 90 with
will
be
conducted
hereManaemeM Program.the applicant eordfies that his proposed activity complies
in a manner that is consistent with the approved program.
information provided will be used in evaluating the application for a permit and is made a matter0 public;
' record through issuance of public notice.Disclosure of this information involuntary,hpwever,it necessary
information is not provided,the application cannot.0 Processed nor can a permit be issued
1 hereby certify under the pains and penalties of pedm that the foregoing No lice of intent and ac:ampanYl�g
plans.documents and supporting data are true d complete.to the best of my knowledge.
C ,
41
Fr I a Date
Signature of Appli t
ng
----�
Signator App is representative
o P Cate
"Luntio u t110 hM Kb .ttt..d by aVUlAC1.a Me Illi".
ORM TEST la.tbw
N E i C 0 "tits t..o.wa a.aa,a.•j.iwa NMnwwwa d U.Atwf eN 5twu .f Ma..ti�wt•ttt to
0.
w
I MAY 82 lot
•!.emit to oI t.tmi..•.a t."ejoe t wt:"iai«i.flailed 5t.a.a �•t«a t►.Ottit.
...1 .t Maw.e.mawa .4 Mde.t 108451 hot*'VI theme sweeties.Fee Nth Irl AMr C"chi
d iatiaur..0845 Member O/ei-Olin 604tt.ieataw d.t.d N wM
l.atee llei ttdl•a"•This
i� at.LI.ill be.a N e Pei"olio-
• 3-7
310 CMR-280.23 -
10/18/E7 (Effective 11/1!87)
NORT'I 1,. r i3VuR— FORM B
k�Ps
a 124 ACATION FOR APPROVAL OF A PRELIMINARY PLAN
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41p Section 81-Lo
for approval of a proposed subdivision shown on a plan entitled
By t1vdi,5 Gr4.t--� VV%V Q ASSnc i::� - dated AP/ZiL `Z , 19
being land bounded as follows:
�,�2�L��6�.���-��� t �1 - „�n��' 1,--/SNL= t-=-s]��� Sn►�i?�yLS�o�
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the
_ W"as and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
���SISSI�J l�
Title references North Essex Deedsp Book=j Page ; or
Ce er No* ok j Pap.; or
Other:
lic is t es
Received by Town Clerk: Ai7) (,t .J,
Date:
pp icantIa dress
Times
Signatures Owner's signature and address if not the
applicants
Oversized Maps on file with the Town