HomeMy WebLinkAboutWIL-MAC REALTY TRUST FORM B
APPLICATION FOR APPROVAL OF A PRELIMNARY PLAN
December 6, 19 82
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section 81-.,
for approval of a proposed subdivision shown on a plan entitled
"Preliminary Sub-division Plan of Lot #1021-300,��c „__„_,_
1143-312 on Salem Street,No, Andover, MA" ,
By Charles B. Pearson dated December 6. # 19 82
being land bounded as follows:
NORTHERLY by Salem Street in the Town of North Andoverr
EASTERLY by land now or formerly of Walter F. and Isabelle M. Grady
and land now or formerly of Frank R. Salvatore. Jr.f
SOUTHERLY by land of the Commonwealth of Massachusetts) (see attached)
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 IQ2� Page..3.LQ or
Certificate of Title No. , Registration Book Pap.; or
Others
Applicant's si : WI RE LTY TRUST
Rec v*Ky Town Clerks
Ap ant's ens , see
LMAC RF UZY TRUST
P = 160 Pleasant St., North Andover, M#► 01845
Owner'a signature and address if not: the
a applicant:
Notice to APPLICANT/TOWN GLM of Action of Planning Board on Preliminary
Subdivision Plan entitled: "Preliminary Subdivision Plan of Lot
#1021 - 300 and 1143 - 312 on Salem Street, North Andover, Mass. "
By: Charles B. Pearson dated Not specified (sub-
mitted to the North Andover Planning Board on December 6 , 1982) .
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2. The North Andover Planning Board has disapproved said plan, for the
following reasons:
(See attached)
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very truly yours,
NORTH ANDOVNtt PLANNING BOARD
By Paul A. Hedstrom, Chairman
Date: Mav 3, 1983
F�E��IVED
i0ecision QANIrL , 0
One
SalemaStreetPrliminry ,1iNorthvisionAndover, MassPlan of Lot #1021 - 304D AdU* 312
May 3, 1983 NAY
1. Said plans and drainage, calculations d6 not fully demonstrate how
the proposed development of this site will minimize the increase
in rate of run-off and its downstream affects:
2. 'The applicant has not sufficiently demonstrated how the access/
egress onto proposed Tamarack Lane by individual driveways of lots
and Salem Street will protect the safety, convenience and wel-
fare of the inhabitants of the proposed subdivision and/or the
Town of North Andover.
Under the Planning Board's Rules and Regulations Governing the
Subdivision of Land, Section II, B, 3; and Section IV, A, la, no
land shall be subdivided unless it is of such character that can
be used for building purposes without danger to health and safety.
3. The applicant has not provided access to adjoining land as spe-
cified in the Rules and Regulations, Section II , B, 5 , specifi-
Ically, the land owned by the Commonwealth of Massachusetts. A1-
though the applicant agreed to provide the proper 40 foot wide
access/egress , the plans do not indicate such.
4 . The applicant has not demonstrated how dwellings and related
on-site septic systems will be designed and constructed to
protect and adequately secure sanitary sewerage and drainage
conditions .
5. The applicant has not complied with Section II , B, 1, "Every'
subdivision shall be bound by the provisions of these regulations ,
and before preparing a subdivision plan, should familiarize
himself with these regulations. " In addition, information re-
quired under Section II, B, 10 is lacking.
Due to the steepness of grade on approximately 25% of the pro-
perty, and the fact that an 8% road grade will contribute to
even worse grade conditions , that Title 5 of the State Sanitary
Code in its jurisdiction of ensuring slope requirements for the
design and construction of on-site sanitary leaching field, ,-re-
quires fill and slope criteria, and notwithstanding the fact
that the North Andover Board of Health has notapproved the pre-
liminary subdivision plan.
Section II , B, 3 of the Rules and Regulations specifically
states that "No land shall be subdivided unless the subdivision
plan provides a means of drainage and sewerage disposal, adequate
in the opinion of the Board to fully protect the public health.
Decision DANIEL tomo
row 'I
Preliminary Subdivision Plan of Lot #1021 - 300 a##FIJ.Q )'U'VXW2
On Salem Street, North Andover, Mass . y
May 3, 1983 N �
Page 2 p�` ! od
6. No slope easements for the protection of the roadway has been
proposed, nor shown on the downhill side of the subdivision ,
specifically on land owned by Grady and Salvatore. If the road
is to be constructed in the location as shown on the plans , the
Planning Board's Rules and Regulations specify side slopecre-
quirements for fill and/or cuts that spill onto adjoining pro-
perty.
7.' ' The Planning Board has previously questioned the credibility of
the plans pertaining to the pavement edge location within the
street lines at the intersection of proposed Tamarack Lane and
Salem Street. The proposed road profiles indicate a leveling
distance of approximately 75 feet between the edge of pavement
and the beginning of proposed Tamarack Lane. A submission of
a definitive plan would require certification of the location
of the aforementioned and have marked in the field the County
layout line and provide a 75 foot leveling distance at a grade
not to exceed one (1) percent from the nearest exterior street
line. The 75 foot requirement which exceeds the Rules and
Regulations is in lieu of six (6) percent grade profile.
8. The propsed drainage pipe at and near station 1+ 50 does not
have the required depth of cover as specified in Section V, H,
10 of the Rules and Regulations.
9 . No two catch basins would be permitted to connect to any other
catch basin due to the potential erosion problems resulting from
steep lot grades , road grade , and cuts. Therefore, the use of
drain manholes may be required throughout the subdivision drainage
system to connect with catch basins and required underdrains .
10 . The plans are not stamped by a Commonwealth of Massachusetts
Registered Land Surveyor and Professional Engineer.
11. The intersection of the proposed Tamarack Lane with the existing
public way should conform to the Rules and Regulations , Section
IV, A, lj .
12 . The proposed drainage should be located on the uphill or Westerly
side of proposed Tamarack Lane.
13. In the event the applicant submits a Definitive Subdivision Plan
to the Planning Board, the following shall apply:
a) All aspects of the North Andover Planning Board Rules and
Regulations shall be complied with, specifically cross sections
of the roadway , and address all items within this document.
RECEIVED
Decision DANIEL LONG
Preliminary Subdivision Plan of Lot #1021 go�A�X 143 = 312
On Salem Street , North Andover, Mass . L
May 3, 1983 MAY 3
Page3
b) If springs are encountered underdrains may also be required for
the entire length of the road. Said underdrain would be located
in the sidewalk area.
c) Subdivision plan will include properly executed quit claim
deeds from Grady and applicant to the Town as they pertain
to the land under the proposed roadway where such crosses the
Grady property or other such acceptable denotation.
d) An Environmental Impact Statement will be required detailing
items referenced in Section III , B. 5a, 1, 2 , 3 , 4; Section
III , B, 5c, 1, 2, 3, 4 ; Section III , B, 5d, 1, 2 , 3; and
Section III, B, 5e, 3, 4 , 6 .
14. The Planning Board grants a waiver pertaining to the written
request of the applicant concerning the length of a dead end
road.
15 . In accordance with the Fire Department's letter dated December
28 , 1982 :
a) The proposed grade of the subdivision road will adversely
affect the fire department's ability to respond to an
emergency.
b) The branch water line would be a dead end at a steep ele-
vation and inhibit water supply for adequare fire protection .
16 . In accordance with the Board of Health's letter dated December
31, 1982 :
a) No soil testing for sub-surface disposal systems have been
witnessed for this subdiviison.
17. In accordance with the Conservation Commission 's letter dated
December 29 , 1982 :
a) The applicant will be required to file a Notice of Intent prior
to Planning Board action on the Definitive Subdivision Plan.
18- ,According to the Highway Surveyor 's letter dated January 3, 1983 :
a) The department is not in favor of:
1) approving grades in excess of 6% for two-thirds in total
of the road layout;
2 proposed Tamarack Lane' s leveling off so close to Salem St. ;
P
3) the angle of proposed Tamarack Lane and the associated cuts .
b) The slopes and proper driveway entry may require more than 150
feet frontage for lots .
Decision REGrIgD
Preliminary Subdivision Plan of Lot #1021 --gip ` 1143 - 312
On Salem Street, North Andover, Mass. NORT; A'"'00VER
May 3, 1983
Page 4 MAT 3 t l3 PN 'B3
c) The road cuts would be required to have another five to
six feet from stations 5+50 to 8+50 in order to bring the
grade down to 8 percent.
19. The Planning Board is against granting a waiver on the road grade
at this time. This condition shall be reconsidered when the ap-
plicant submits sufficient evidence that the roadway cuts , drive-
way grades, Board of Health regulations, and the proper siting of
dwellings does not adversely affect the life , safety, and health
of the inhabitants of the town of North Andover to the satisfaction
of the Planning Board, the Highway Surveyor, and the Fire Department.
RECEIVED. RECEIVED
®AttlEt tON6 DANIEL LONG
TOWN Ci RK
`STN' .$¢:� � :.;': ,rye,•
NORTH-ANDOVER
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To the Pigod ng Boe t s T W 4114 r —-41 'Q + *t L•y; .. ;i •
The nndersipeda beius the applicant as defined tmdw Clbaptsr at Section a"*
for appmWal of a proposed subdivisiona1-9 on a P3M eg"t34d
gag
BS dated 19
being land botmded as follows:
/7
Y143 T_G as l Pr 70;97 "x/42/ TL `fob
hereby submits said pi m as a PRZLDMU ssibditision plan in accordance with the
Rales and Regulations of the Borth Andover Platmiag Board and malas application to
the-Board for approval of said plan.
Title rsferencei North Essex Deeds, Book Page_ ,; or
Certificate of Title No. Registration Book a Page; or
Other: �• ,P 'aim ' Lam 3i2
Applicant's signatures,
Received by Toro Clerk: ..
Dates Applicant'a address
/60
Times
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Signaturot Owamr's sipature and address it not the
applicant:
SINDS
113AQl1Nt� Hl}!{III
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Notice to APPMPW/TOMN MW of Action of Planning on Preliminary
Subdivision: Plan entitled:
139 1
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very truly yours
mm ANWm PLAN ld*AgD
Date:
REMYED WHIN MH
TOWOC! N OF NORTH ANDOVER
NOR1ktOmar MASSACHUSETTS
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September 10, 1985
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845
Re: Chuck Hill Preliminary Subdivision
Dear Mr. Long:
The purpose of this letter is to formally notify you that
the Preliminary Subdivision Plan of Chuck Hill was withdrawn from
consideration by the applicants on September 9, 1985•
The Planning Board voted to accept their request for with-
drawal .
Yours .truly,
PLANNING BOARD DIS
Michael P. Roberts,
Chairman
MPR:KHN:nrs
cc: John J. Willis, Jr.
160 Pleasant St.
Highway Surveyor
Board of Public Works
Tree Warden
Police Chief
Fire Chief
Building Inspector
Conservation Commission
Board of Health
Assessor
File
Applicant
Engineer
16CL`TLVFORMC
TawC
N L°
NORTH ANDMI&CATION POR APPROVAL OF DEFINITIVE PLAN
AVC 1Z 10 17 RN'It , l9
To the Planning Board of the Town of North Andover:
The undersignedy being the applicant as defined under Chapter 419 Section
81—L, for approval of a proposed subdivision shown ars a plan entitled
"Woodchuck Grove a definitive subdivision plan"
by _ _Design Engineering, (Assoc. ) Inc, dated April 28, 1988 with four
being land bounded as follows:
revisions
hereby submits said plan as a MYNMM 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.
1143 312
Title Reference: North Essex Deeds, Book 1021 Page 300 ; or
Certificate of Title No.=0, Registration Book 73 , page 5 ; or
Other:
Said plan has( ) has notf4 evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved (T , 19 .
The undersigned hereby applies for the approval of said DEFINIT179 plan
by the Board, and is 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 rales 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 asme. Said plan, profiles, cross sections and construction
specifications are specifica33y, by reference* incorporated herein and made
a part of this application. This application and the covenants and agree—
' meets 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 and const on within two (2)
years from the date hereof. -
Received by Town Clerk: !R175 �
Dates eFj-rMCof Applicant
Time:
Signature:
Address
1 )� , �nJDJJe�
Notice to APPLICANT/TOWN CLEand Certification of Action of Planning
RK Boi!d
on Definitive Subdivision Plan entitled: r
By: dated
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. c. til., S. 81-II.
2. That all such construction and installations shall is 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.
1+. Other conditions:
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
* * � � * * * a * * * * * �r * * * * w * e * * * * ee +: ee �► ew * * * tee
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOVER PLANNIhI3 BOARD
Date: By:
ItECO ED
DAMEL EL LO95
1rWK C f. K
Norm
D �" iM TOWN OF NORTH ANDOVER
17 AN go MASSACHUSETTS
Imo. PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant_ WILMAC REALTY ;TRUST Address 160 Pleasant St. , No. Andover, MA
1. Applioation. is hereby madePr
r;
(a) For a Special Permit
2. (a) Premises affected are land and buildings numbered Street.
(b) Premises affected are property with frontage on the North South
East West XX side of Salem Street, and known as
XXXXXXXXXXxxxxx xxxxXXXXxx §N.x "Woodchuck Grove"
(c) Premises affected are in Zoning District R2 , and the premises affected
have an area of and frontage of feet.
3. Ownership:
(a) Name and address of owner (if joint ownership, give all names):
Wilmac Realty Trust and Walter & Isabelle Grady
Date of purchase Previous Owner
(b) If-applicant is not owner, check his interest in the premises:
_„_,Prospective purchaser
Lessee
Other (explain)
4. Size of proposed building: - front; feet deep
Height: stories; feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction
5. Size of Existing Building: feet front; feet deep
Height: stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction ? '•
6. Has there been a previous application for a Special Permit from the Planning Board
on these premises?
If so, when
7. Description of purpose for which Special Permit is sought on this petition:
To allow for lessening of the driveway g s5
grades to access the housing on
"Woodchuck Grove" permission is requested to access lots via driveway
easements over adjacent lots all as shown on definitive plan of
Woodchuck Grove. /+ CC E !5 S T 1_-
f 0 10 1A) CJ4 1VF-8
(over)
8. Deed recorded in the Registry of Deeds in Book Page or Land' Court
Certificate No. Book Page.@
9. The principal points upon which I base my application are 4follows:. (most be
stated in detail)
The proposed "common drives" will allow for reasonable graded access
to the lots in a more planned manner than could be accomplished with
access limited to each individual lot without substantial d roaatina
from the intent and purpose of the town by-law or creating significant
hazard to pedestrian or vehicular traffic.
I agree to pay r ising in newspaper and postage fee for mailing legal
notices "P t terebt".
Petitioners signature)
Tutpeng, I Trustee
Every app c tion 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
perrporting to be an application shall be treated as mere notice of intention to.seek
information
s he official application form. All n
relief until such time as it i made on t
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
saa.11 include the petitioner, abutters, owners of land directly opposite on any public
" 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 oity or town, the Plan-
ning Board of the town and the planning board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAME ADDRESS
Catherine M. Stoehr 971 Salem Street, North Andover, MA
John & Sophy Rozdras 59 Summer Street, North Andover, MA
Frank '?. & Rosalie Di Salvatore, Jr. 1099 Salem Street, North Andover, MA
Eugene R. Bodge 1063 Salem Street, North Andover, MA
Eleanor G. Rockwell 968 Salem Street, North Andover, MA
Commonwealth of Massachusetts
1
ADD ADDITIONAL SHEETS, IF NECESSARY.
MUM HIH
TOWN OF NORTH ANDOVER DA141FLL$'
MASSACHUSETTS TtjiiA4 00y
ea��+{�QVtR
yONTI� J& (41
rO:�,Pe y1NQ
�h
ACNU+ftfi
Any appeal shalt be filed
within (2i0)days efterft NOTICE OF DECISION
date of filing of this Notice
in the Office of the Town
Cleric. Date. .avly.31. X3ER . . . . . . .. . . .
Date of Hearing AxAXy, 2,7,,,X,98,9 . ..
Petition of . . Walter S Isabelle Grady;.Eugene.P. Willis,.Trustee, .Wilmac•Realty Trust
Premises affected . .. . . . . . ..`. . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . .$Quit AqQover„AoRiA% By�-a)v.,, Seption, 8..5.,Planned.Residential.DeveloRment (PRD)
so as to permit . .tiq.csonstruction of 17 single family dwell ings,detached .cluster PRD
. . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . .. . . . ..
[after a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to . .AP.ROYES. . .. . .the ..Special Permit
. . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . .. . .. .
based upon the following conditions:
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Board of Health Signed
Building Inspector
Conservation commission jG prgje RpFFili.#.p i#7- p. . . .. . ... .
Assessors
Police Chief Jopp, Plippl r. PJLPFIL
Fire Chief
Applicant Pauy1,.A., edstro�p. . . . . . . . . . . . .. .
Engineer
FIle ?eh.Nit�sche. . . . . .. . . . . . . . . ..
Interested Parties
. .
.John ening . B oarc� . . . . . . -
• �NOF1N y-L
OFFICES OF: 2 °0. Town Of 120 Main Street
BUILDING North Andover
NORTH ANDOVER
CONSERVATION Massachusetts 01845
�-�ti. P
HEALTH e,�" '� DIVISION OF (508)682-6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
July 31 , 1989
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re: Woodchuck Grove PRD
Special Permit under
Section 8. 5
Dear Mr. Long:
The North Andover Planning Board held a public hearing on June
30, 1989, in the Town Hall, Library/Conference Room. The hearing was
duly advertised in the North Andover Citizen on June 9 and June 16, 1988
and parties of interest were properly notified. The meeting was called
to order by the Chairman, Paul Hedstrom. Also present were George
Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael
Leary.
The petitioner seeks approval of a Special Permit to construct a
Planned Residential Development (PRD ) containing 17 single family
dwellings, pursuant to the provisions of M.G.L. Chapter 41 , Section 81L
and under the requirements of the Zoning Bylaws , Section 8. 5 and Section
8 . 3 of the Town of North Andover. The parcel of land contains 21 . 99
acres of land more or less , and known as Woodchuck Grove .
John Simons read the legal notice to open the public hearing.
Letters were received and read from Victor Hatem, Osgood Associates,
Police Department, the Board of Health and the Fire Chief.
Al Shaboo, Design Engineering, spoke to the Board citing the
following:
1. 17 lots possessing 23 acres
2. 1, 100 ' roadway proposed
3. on-site drainage
4. water and sewer on-site , 2, 100 ' off-site sewer
The applicant is before the Planning Board for a Special Permit
for the PRD. The length of the cul-de-sac and the road grades will need
a waiver. The parcel is owned by different persons. Erich Nitzsche
said one 'developer and one covenant. Karen Nelson, Director, Planning
and Community Development said one bond. Paul Hedstrom questioned the
number of lots in the definitive plan. Al shaboo said there were 17
i he de J Willis cited PRD Cluster
lots n t definitive, same as the PRD. John 1
and that it was preferred by the Board previously. Seven acres will be
dedicated to open space . On the preliminary plans five years ago a
waiver on the length of the cul-de-sac was granted.
Page 2 :
Paul Hedstrom questioned Bill Hmurciak on the grade of the
roads . Bill Hmurciak said he would like to review them citing normally
6% grades but circumstances on 8% grade to be reviewed.
The open space will be common ownership. Scott Stocking asked
John Willis if he had a draft agreement for the homeowners. John Willis
cited wording for the open space restriction form the Mass General Law
referenced on the Cluster Bylaw and modified it by the ability of the
home owners for safety or health reasons to have access.
Scott Stocking asked John if he had a letter from Mass
Electric. Mr Willis was anticipating the letter soon. John Simons
recapped by citing the length of the cul-de-sac and the lot lay out. A
site visit is scheduled for July 71 , 1988 at 4:00 p.m. Gene Willis
questioned the Board if it was feasible to come before the Board with a
subdivision plan for the land that was owned by Wil-mac Realty Trust
only not with the Grady' s parcel . Paul Hedstrom stated that they were
subdividing the two parcels. he said it did not matter if it was
separate or not, the impact would be the same .
A motion was made by John Simons to continue the public hearing
for four weeks to August 4th, meeting and set up a site visit for July
170 1988 at 4 : 00 p.m. The motion was seconded by Michael Leary and
voted unanimously by the Board.
On August 4, 1988 the Planning Board held a regular meeting.
The following members were present: George Perna, Vice Chairman; John
Simons, Clerk; Erich Nitzsche and Michael Leary. Paul Hedstrom,
Chairman, was absent.
John Simons read a letter from the Conservation Commission.
Scott Stocking stated that a letter has been sent to the
Department of Environmental Management stating that the Town is
reviewing this proposal and that it currently calls for a land
dedication of approximately 5 acres to the State Forest and that they
have a process involved to get it done and they are to get in touch with
us on that process .
Al Shaboo , Design Engineering, presented the Board with revised
plans for the development. Both sides of the road will be clustered and
the road has been shorten by approximately 160 feet. Five acres of land
to be dedicated to the State Forest.
John Willis stated that the detention area will be reshaped.
Scott Stocking asked Al Shaboo the difference between the July
15th plan and the August 2nd plan. Al Shaboo replied that there were
changes in the property description and the way the property lines
went. The covenant of the land was not shown.
John Willis stated that in the covenant there will be language
in it that access will be allowed to the retention area for the drainage .
Erich Nitzsche questioned if the engineer was satisfied with the
100 year, storm event calculations. Al Shaboo said, "yes" .
Page 3:
John Willis asked for a waiver on the grades and the length of
the cul-de-sac . John Simons questioned why the road was not going down
to the detention area. John Willis answered that Mr. Grady owns the
house and it would be interfering with his home. Al Shaboo further
commented that if the road was redesigned to loop near the Grady' s home
it would ,increase the length of the roadway.
Erich Nitzsche stated that there was a real problem with the
mitigation of run-off . He said that with an 8% slope it would flood
across the street like a water way. Scott Stocking asked what the total
run at 8'°s' would be . Al Shaboo said about 300 feet. Bill Hmurciak said
that D. P. W. would accept the 8% slope with the length as minimal as
possible .'
Al Shaboo stated that part of the project was to sewer Salem
Street dawn as far as the St. Cyr Farm. Erich Nitzsche wanted to see
more catch basins or curve inlets.
John Willis said he would like to get an idea that except for
the catch basins and design parameter that the location of the road is
okay, the grades and the cul-de-sac. Scott Stocking asked what the
grades of the driveway were . Al Shaboo stated that they were 15% .
Scott continued and asked if the driveways could be designed so that it
would be 'a straight shot rather than a tight right angle, perhaps
running them in the opposite direction. Al Shaboo said he was willing
to sit down with Scott and go over the design of the driveways.
George Perna summarized by saying that the Board had a problem
with the water run-off, a problem with the turning into the driveways
and the very large slopes. John Simons further commented on the use of
the land.; He felt that more work was needed.
A motion was made by John Simons to continue the public hearing
until September 10th and direct the planner to collect information from
Town Counsel regarding whether a definitive subdivision also has to be
filed. The motion was seconded Michael Leary and voted unanimous by
those present.
The North Andover Planning Board held a public hearing on
September 13, 1988, in the Town Hall, Library/Conference Room.
originally scheduled for September 8, 1988, but due to the lack of a
quorum was rescheduled. The hearing was duly advertised in the North
Andover Citizen on August 25 and September 1 , 1988 and parties of
interest were properly notified. The meeting was called to order by the
Chairman, Paul Hedstrom. Also present were George Perna, Vice Chairman;
John Simons, Clerk and Erich Nitzsche . Michael Leary was absent.
Page 4 :
The petitioner seeks approval to construct a Planned Residential
Development (PRD ) containing 17 single family dwellings, pursuant to the
provisions of M. G. L. Chapter 41, Section 81L and under the requirements
of the Zoning Bylaws, Section 8. 5 and Section 8. 3 of the Town of North
Andover. The parcel of land contains 21 . 99 acres of land more or less,
and known as Woodchuck Grove .
Erich Nitzsche read the legal notice to open the public hearing
on the PRD Definitive Subdivision and the Special Permit for Common
Driveways. Letters were received and read from the Conservation
Commission and the Fire Department
Al Shaboo , Design Engineering, stated that in essence, this was
a continuation of the PRD application and submittal of Definitive
Subdivision Plan running simultaneously. Al stated that the Notice of
Intent has been filed with the Conservation Commission and that the
hearing held two weeks ago was continued. A site visit was conducted by
the Conservation Commission and it was determined that it was not an
isolated wetland.
Following a brief discussion on the drainage calculations, Erich
Nitzsche stated that he was not satisfied with the calculations and
asked for additional information.
Scott Stocking, Town Planner recommended to close the hearing on
the PRD Cluster Development concept and render a decision on that
concept. Erich Nitzsche said he did not have a problem closing the PRD
application but if it was not closed, an extension would be needed
beyond September 30, 1989 .
George Perna wanted a recap, a delineation of the open space .
Al Shaboo showed George on the plans . Al stated that the roadway was
somewhat shorter from 1 , 700 ft down to 1, 100 and that the lot sizes were
reduced. George Perna asked if it would be a public road. Al said
yes" .
Bill Hmurciak, D. P .W. said he was comfortable with an 8% road
grade .
John Willis stated that he would like the public hearing closed
on the PRD Special Permit. Paul Hedstrom said there was a range of
issues to be resolved. The subdivision process was not complete . Scott
Stocking, Town Planner, summarized his view and interpretation of the
PRD Zoning Bylaw. There are three hearings :
Scott Stocking, Town Planner recommended to close the hearing on
the PRD Cluster Development concept and render a decision on that
concept. Erich Nitzsche said he did not have a problem closing the PRD
application but if it was not closed an extension would be needed
beyond September 30, 1989 .
Paye 5 :
George Perna wanted a recap, a delineation of the open space .
Al Shaboo showed George on the plans. Al stated that the roadway was
somewhat shorter from 1,700 ft down to 1 , 100 and that thet
to sizes were
reduced. George Perna asked if it would be a public road. Al said
eyes" .
Bill Hmurciak, D. P. W. said he was comfortable with an 8% road
grade .
John Willis stated that he would like the public hearing closed
on the PRD Special Permit. Paul Hedstrom said there was a range of
issues to be resolved. The subdivision process was not complete . Scott
Stocking, Town Planner, summarized his view and interpretation of the
PRD Zoning Bylaw. There are three hearings:
1 . PRD - Cluster Concept - Density
2 . Subdivision - Rules and Regulations
3. Special Permit
Paul Hedstrom asked for public input.
Marsha Lydke , an abutter, Lot 12 Fuller Road, asked in layman
terms what the 'letter from the Conservation Commission said. Paul
Hedstrom explained that the Conservation Commission has written the
Planning Board a letter which raised 5 issues that are Conservation
issues and not Planning issues with the exception of the drainage.
Drainage is relevant to the Planning process; to clustering, road
grades , surface water, run-off and drainage .
The bottom line is that the design of the retention area as
shown is not appropriate .
A motion was made by George Perna to accept an extension on the
PRD until October 30, 1988. The motion was seconded by John Simons and
voted unanimously by those present. A motion was also made by George
Perna to continue the public hearing on the Common Driveway Special
Permit to the October 6 , 1988 meeting. The motion was seconded by Erich
Nitzsche and voted unanimous of those present.
On October 6 , 1988, the Planning Board held a regular meeting.
The following members were present: Paul Hedstrom, Chairman; George
Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael
Leary,
John Willis, Jr. spoke stating that additional information on
the drainage calculations was needed and that an extension was being
requested until November 30 , 1988.
A motion was made by George Perna to accept the extension to
continue the public hearing until November 30, 1988. The motion was
seconded by Erich Nitzsche and voted unanimous by the Board.
Page 6 :
The Planning Board held a regular meeting on November 17 , 1988.
The following members were present: Paul Hedstrom, Chairman; George
Perna, Vice Chairman; Erich Nitzsche and Michael Leary. John Simons,
Clerk, was absent.
Scott Stocking stated that he had received a letter from John
Willis requesting an extension until January 31 , 1989 .
A, motion was made by Michael Leary to accept the extension until
January 31 , 1989 . The motion was seconded by George Perna. Voting in
favor were George Perna, Michael Leary and Paul Hedstrom. Erich
Nitzsche abstained because he was absent during the public hearing.
The Planning Board held a regular meeting on December 15 , 1989.
The following members were present: Paul Hedstrom, Chairman; George
Perna, Vice Chairman; John Simons, Clerk and Michael Leary. Erich
Nitzsche was absent.
John Willis stated that he has a particle status report and
would like input from the Board. He stated that he has been working
with the BSC Group on the drainage system. BSC is working on the design
for the stormwater run-off as the regulations require for the 10 year
storm event on the road, 25 year storm event on the lot and the 100 year
storm event of a major crossing, to mitigate to zero increase . John
Willis asked for a letter from the board for clarification; design
relief from the regulations to use what ever the engineer, Mr. Herlihy
and the T'own ' s engineer come up with for the drainage of the hill; and
direct BSC to work in conjunction with the applicant as a consultant as
well as working with the Board. Woodchuck Grove will be placed on the
agenda for the second meeting in January.
The Planning Board held a regular meeting on January 19, 1989.
The following members were present: Paul Hedstrom, Chairman; George
Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael
Leary.
Al Shaboo spoke to the Board regarding the B . S . C . group
Consulting Group closing their Middleton Office. Also, Mike Herlihy,
the consultant working on Woodchuck Grove, no longer works for the
B. S . C . Group. The applicant was looking for the Boards okay to have
Bill Hmurciak, D. P.W. review the design work for drainage. Bill
Hmurciak, D . P .W. stated that lengthy discussions have taken place on the
drainage issues .
Paul Hedstrom wanted the situation recapped. John Willis stated
that the B . S . C . group in Middleton was hired as a consultant for
Woodchuck Grove, to go over the drainage design for the site. He said
that he has paid the B. S. C. Group with no written documentation from
them with the exception of a few hours that were spent at the site.
Erich Nitzsche spoke briefly on the sit drainage and flooding on
Salem Street. Scott Stocking asked Bill Hmurciak, D . P .W. if he was
comfortable reviewing the design. Bill replied that he was comfortable
reviewing the drainage for the site , as to design.
Page '7 :
An extension is needed to continue the public hearing until
February 16 , 1989 with February 28, 1989 as deadline .
A motion was made by George Perna to continue the public hearing
until February 16 , 1989 and accept an extension until February 28,
1989 . The motion was seconded by Michael Leary and voted unanimous.
The Planning Board held a regular meeting on February 16, 1989 .
The following members were present: Paul Hedstrom, Chairman; George
Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael
Leary.
John Simons read a letter from the applicant requesting and
extension. A :notion was made by John Simons to accept the extension to
March 31 , 1989 subject to the language change in the request. The
motion was seconded by Erich Nitzsche and voted unanimous by the Board.
The Planning Board held a regular meeting on March 16, 1989 .
The following 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 applicant requesting and
extension. A motion was made by John Simons to accept an extension to
May 15 and requested an extension to June 16 for a decision. The motion
was seconded by George Perna and voted unanimous by those present.
The Planning Board held a meeting on April 27, 1989. The
following members were present: George Perna, Vice Chairman; John
Simons, Clerk; Erich Nitzsche and Michael Leary. Paul Hedstrom,
Chairman, arrived at 10: 25 p.m.
Christian Huntress, Environmental Planner told the Board that
revised plans have been submitted.
Al Shaboo, Design Engineering, said that Bill Hmurciak, D. P. W. ,
has reviewed the drainage design.
George Perna questioned curbing and why not on both sides of the
street. Al Shaboo said that he was trying to optimize . George Perna
said he wanted curbing on both sides of the street. Erich Nitzsche
questioned the size of the rip-rap. Al Shaboo said it was six ( 6 )
inches to a foot. George Perna expressed concern about water building
up at the entrance to the proposed project. Al Shaboo said that there
were two ( 2 ) catch basins for the water.
John Simons spoke on the perimeter of the development. He said
that there were common open space issues, whether to the Town or State .
A motion was made by John Simons to close the public hearing.
The motion was seconded b Erich Nitzsche and voted unanimous) b those
Y Y Y
present.
On May 18 , 1989 the Planning Board held a regular meeting. The
following members were present: Paul Hedstrom, Chairman; George Perna,
Vice Chairman; John Simons, Clerk; and Erich Nitzsche. Michael Leary
was absent.
Page : 8
Woodchuck Grove was on the agenda for discussion. A
meeting/workshop is to be set up with Al Shaboo, Design Engineering;
Bill Hmurciak, D. P. W. ; Erich Nitzsche and Chris Huntress. A lengthy
discussion took place between George Perna and John Simons on the
roadway and drainage .
A' motion was made by John Simons to make the roadway a private
way. The; motion was seconded by George Perna and voted unanimous by
those present.
Ori June 13 , 1989 the Planning Board held a regular meeting. The
following member were present: Paul Hedstrom, Chairman; George Perna,
Vice Chairman; John. Simons, Clerk; Erich Nitzsche and Michael Leary.
George Perna wants curbing on both sides of the roadway. Also,
the roadway to be a private way not public . There are three draft
decisions that are needed, one for each of the following:
Subdivision
PRD
Common Driveways
The decision will be voted on at the Planning Board meeting on
July 13, 1989 John Simons will help with the decision.
A motion was made by George Perna to accept an extension to July
20, 1989 on the rendering of the three decisions. The motion was
seconded by Erich Nitzsche and voted unanimously by the Board.
On July 13 , 1989 the Planning Board held a regular meeting. The
following members were present: George Perna, Chairman; John Simons,
Clerk: Erich Nitzsche and Michael Leary.
John Simons had several issues he was still not comfortable with
and presented the Board with an alternative decision for disapproval.
The concerns were :
1 . A proposal is basically coming under Cluster
Development, but with none of the flexibility and
benefits of a cluster development in terms of
sensitivity, landscaping.
2. The way the road is laid out.
3,. The way the lots are laid out.
4 . Impact in terms of the lot lay out.
Michael Leary wanted to know why at this time were these issues
being brought up. John Simons said he has been consistent all along, it
was not documented up till now.
Page 9 :
George Perna spoke on both draft decisions . He did not
disagree, but questioned whether John concerns should be put in as
conditions rather than reasons for disapproval . George Perna asked John
if his reasons were opposite of the draft approval . He said the draft
approval was more of a boiler plate and that some of the conditions were
the same . His major issue is construction of the roadway was not
harmonious with the land.
John Willis spoke to the Board on three plans that were brought
before the Board and the Technical Review Committee . The plans in front
of the Board were the most acceptable with the exception of drainage
concerns , which were addressed.
A lengthy discussion took place between the Board, John Willis
and Gene Willis on the roadway with respect to size, grades and whether
it will be a private road. Also discussed was:
1 . detention areas
2 . drainage
John stated that there were problems with the PRD application
with respect to the open space being part of the lots. He also
commented on the common driveways and the possible elimination of some
because of the requirements under the PRD Projects.
George Perna asked the Board members to either entertain a
motion to approve the PRD with conditions or deny the PRD based on the
discussions of this evening.
A, motion was made by Michael Leary to approve the PRD Project
based on the conditions drafted by Chris Huntress, Environmental
Planner. The motion was seconded by Erich Nitzsche with some additions.
John Simons stated that four positive votes were needed and he
was going to vote "no" .
Chris Huntress is to contact Town Counsel regarding the
possibility of Paul Hedstrom voting on this issue. At the present time
there are only four Board members.
A; workshop will be held on July 17, 1989 with John Simons,
George Perna, Erich Nitzsche, John Willis and Al Shaboo.
Erich Nitzsche rescinded his second on the motion. With no
second, no action.
On July 27 , 1989 the Planning Board held a regular meeting. The
following member were present: George Perna, Chairman; John Simons,
Clerk; Erich Nitzsche, Paul Hedstrom, who will be a member till
September 1 , 1989 ; and new member John Graham. Michael Leary resigned
his membership.
Chris Huntress, Environmental Planner stated that the Board had
asked him to redraft the decision on Woodchuck Grove with new amendments
as discussed.
Page 10:
The Board requested a few minutes to go over the draft and asked
Chris to point out the changes . Those changes were Condition L through
Condition 0.
On Condition L, George Perna said the issue was on the roadway.
Once the lots were sold off, before they were built on, the Board would
have to deal with each of the land owners. Condition L says the roadway
is owned by the association. John Simons spoke on the conveying of lots
and the road being private .
There will be a bond on each lot in addition to any regular
bonds for the roadway and sewer.
The Board members expressed concern about opening up the hill
during construction.
On Condition M, the Board said it should read:
"Prior to the release of any lots of the covenant a cash bond
shall be posted for each individual lot, in an amount as determined by
the Planning Board to secure final regrading and stabilization and
appropriate landscaping
Condition N to read:
"A parcel shall be granted for the purpose of access and egress
from the land to be held in common by the PRD Association to Salem
Street.
John Simons said he would come to the Planning Board Office on
Friday and clean up some of the language in the decision.
On the issue of common driveways, the Board wanted the roadway
constructed first before approving the driveway access .
A motion was made by Paul Hedstrom that the Subdivision be
approved as per the draft before the Board with the additional item #17 :
"That the applicant shall secure the proper relief from all
relevant Boards regarding applicants driveway plan including, without
limitation, variances from the Board of Appeals. "
and likewise move with the changes already discussed to approve
the PRD with the additional proviso that John Simons will do some of the
housekeeping on the decision and move the Board deny relief sought under
the driveway access issue. The motion was seconded by Erich Nitzsche
and voted unanimously by the Board.
Page 11 :
Sincerely,
PLANNING BOARD
' 4
George rerna, Jr. ,
Chairman
/ jle
CC: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
�I
WOODCHUCK GROVE, Conditional Approval
INTRODUCTION
* Woodchuck Grove is a proposed single family cluster
residential development of 17 houses located on approximately
22 acres off Salem Street.
* The details of the proposal are contained in the plans
prepared by Design Engineering Associates, entitled
"Woodchuck Grove" Definitive Subdivision Plan of Land, Planned
Residential Development, of a Residential Single Family
Dwelling Development" situated in North Andover,
Massachusetts. Dated April 28, 1988 and subsequently revised
eight (8) times, most recently on July 7, 1989.
*
This development proposal contains three separate applications
to the North Andover Planning Board. They include:
1. Definitive Subdivision of land to create roadways and
legally conforming lots.
2. Special Permit Application under the PRD section of the
North Andover Zoning Bylaw (sec. 8.5) to create legal
lot sizes and usable open space.
3. Special Permit for Driveway Access over adjoining lots
(sec. 10.3)
The decision of the North Andover Planning Board in response to
each application is as follows:
APPROVAL FOR WOODCHUCK GROVE
Special Permit - Planned Residential Development
Pursuant to the North Andover Zoning Bylaw in accordance with
Section 8.5, 10.3 and 10.31.
The Planning Board makes the following findings regarding this
application for a Special Permit as required under section 10.3
and 10. 31 of the Zoning Bylaw as developed and conditioned in
this decision:
* Woodchuck Grove is an appropriate location for use as a
single family detached cluster;
* The use as proposed will not adversely affect the
surrounding neighborhood;
* There will be no nuisance or serious hazard to vehicles or!
pedestrians;
* , Adequate and appropriate facilities will be provided for the
proper operation of the proposed use;
* The use of the property for a single family detached cluster
development is in harmony with the general purpose and
intent of this Bylaw.
The Planning Board also makes the findings under section 8.5 of
the Zoning Bylaw that this PRD is in harmony with the general
purpose and intent of the bylaw and that the PRD contains
residential development and open space in a variety to be
sufficiently advantageous to the Town, and promotes the public
health, safety and general welfare of the citizens of the Town of
North Andover which render it appropriate to depart from the
requirements of this Bylaw otherwise applicable to the Zoning
Districts in which the parcel is located. In particular, thje
Planning Board finds that this project will:
* Promote the more efficient use of the land in harmony with,
its natural features;
* Encourage the preservation of open space;
* Protect waterbodies and supplies, wetlands, flood plains,
agricultural lands, wildlife, and other natural resources;
* Permit greater flexibility and more attractive, efficient,
and economical design of residential developments.
* Facilitate economical and efficient provision of utilities;)
* Meet the Town's housing needs by promoting a diversity of
housing types.
Finally, the Planning Board finds that the PRD complies with the
town of North Andover Bylaw requirements 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 this Special Permit before us, the Planning Board
hereby grants a Special Permit to the Applicant provided the
following conditions are met:
1. The property is to be developed in accordance with the Plans
prepared by Design Engineering, entitled " Woodchuck Grove",
Definitive Subdivision Plan of Land " Planned Residential
Development of a residential single family dwelling
development " situated in North Andover, Massachusetts, Dated
April 28, 1989 with eight (8) revisions, revision number
eight being dated July 71 1989. The Subdivision being
approved by the North Andover Planning Board, during a public
hearing on July 27, 1989.and recorded herewith the North
Essex Registry of Deeds as Plan Number The
construction of the roadways, the drainage, fire protection;,
utility installations and lot configuration shall be shown on
said plans or as may be subsequently modified by the North
Andover Planning Board.
2 . Usable open space shall be provided in an amount
constituting at least thirty five (35) percent of the entire
parcel and in a form consistent with the provisions of Sec. ,!
8.5 of the North Andover Zoning Bylaws. In addition, the
usable open space shall adhere to the following conditions: )
* No portion of the required usable open space shall be
included in the individual building lots.
* The portion of the usable open space that abuts land
owned by the Commonwealth of Massachusetts shall be deeded
in fee to the Town of North Andover, care of the Board of
Selectmen. The deed shall be in the form filed with the
Planning Board and will convey to the Town, the land shown
on the lot layout plan as "Land to be deeded to the Town',
of North Andover. "
* The remaining required open space shall be provided by thle
applicant and shall be recorded on the final plans prior',
to the endorsement by the North Andover Planning Board.
This open space shall be owned in common by a non-profit,
organization or trust whose members are the owners and
occupants of the units within Woodchuck grove. This parcel
shall further be required to have a perpetual conservation
easement deeded to the Town of North Andover in accordanc
with the provisions of Massachusetts General Laws Chapter
184 , Section 31.
* The Planning Board shall review and approve all pertinent
documents and covenants for usable open space prior to
final endorsement of the plans.
3. There shall be recorded with the North Essex Registry of
Deeds a restriction on the lots transferred establishing a
no-cut zone on each lot over that portion of each lot
delineated by a no-cut line, as per the Definitive
Subdivision Plan of Land. This restriction shall be recordejd
in the North Essex Registry of Deeds. Transfer of any lots
out the subdivision will be subject to this restriction.
4. The roadways shall not exceed an eight percent grade, as
provided in the definitive subdivision plan of Woodchuck
Grove. The Board shall allow these steep grades in order to,,
minimize the disruption of existing contours of the land.
I
5. The applicant shall adhere to Section 4.2 (Phase Development)
of the Zoning Bylaw.
6. There shall be no burning or dumping of construction materia
on the site.
7. Any signage utilized in this project must obtain a building]
permit and adhere to the Town Bylaws.
8. The applicant shall adhere to the following requirements of
the NAFD:
* Open burning shall only be permitted after consultation]
with the Fire Department.
* Under ground fuel storage will only be allowed in
accordance with the Town Bylaws and State Statute and
only with the review and approval of the Fire Department
and Conservation Commission.
* Throughout construction, lot number are to be posted on
all lots. Those lot numbers are to remain posted until on
occupancy permit has been granted.
* Prior to issuance of a Certificate of Occupancy, all
units shall have a residential Fire Sprinkler System
installed.
9. The applicant shall adhere to the following conditions of the .
North Andover Police Department:
* Adequate site distance shall be maintained at the exit
of the project onto Salem Street.
* Permanent intersection warning signs are to be posted
along Salem Street, 350 feet in either direction from
the entry into Woodchuck Grove.
* A stop sign shall be placed at the exit to the roadway
onto Salem Street.
10. The road way shall be both owned and maintained by the PRD
association.
11. Prior to the release of any lot from the covenant, a cash
bond shall be posted for each individual lot. The amount
shall be determined by the North Andover Planning Board. This
bond shall be for the sole purpose of ensuring adequate
regrading, stabilization and landscaping of each individual
lot.
12 . A parcel shall be granted for the purpose of access and
egress from the land to be held in common by the PRD
association to Salem Street.
I
13. A Landscape and Grading plan of each individual lot shall be
submitted to the Town Planner for review and approval prior
to the release of any lots and before the granting of a
building permit for any lot.
14. Prior to endorsement of the record plans, the applicant shall
submit to the Planning Board, for its review and approval,
detailed grading and landscape plans of the following site
features:
* Roadway entrance to Salem Street
* Detention pond and wetland replication area abutting
Salem Street.
* Detention area being created across Salem Street.
* Detention Pond on side of parcel.
Care shall be taken to minimize the amount of tree cutting
and earth disturbance in these areas.
17. The location of the driveway on lot # 17 must be revised in
order to provide the 50 foot buffer requirement as per
Section 8.5, 61 D of the North Andover Zoning Bylaws.
18 This decision shall incorporate all conditions found in
the Definitive Subdivision Approval for Woodchuck Grove,
Dated 7/31/89.
R
IU
AWAM ra CMAM a MR22M P
Dec! E6T
To the Planing Hoard ;of the Town of North Aadiavor:
The undersigned, being the applicant as defiPAW under Chapter 41# Section 8104
for appro U of a proposed subdivision show on a plan entitled
"Prel china !e3 divjsiqa Lle pf bot #1021-30
1143-312 an Belem streest t1o, And Mh"
By S ►rles A. Pesarsondated 19
being land bounded as follow
NORMALY Salem Streestin the Tawe of
EASTBRLY land iota or f
RmElllrWal a: P ad Iy .
and land now or formerlZ of Frank R. 4!I132tgoc
SOUTHRALY by lana of the c aen mWeaalth of Massadhusetts
hereby xaboite said plan, as a PR$GIMI W subdivision plan ins' accordsnoe with i
aulss and Regulations of the North Andow PUmIng Board and arakes A Uoatici4,
the Board tar appmal of said ..
Title refereneet North Essex Dsade, Book, Page 3QQ or
Certificate. of Title No. ,� � tegistraticnool ,,, Page,
r Othe"
cm
f Applicant'a aignaturea.WIL-MAC RML►l'�t' 'CLtttST
Bl iA by,' '0wz Clerk:
Data. = A li caart�a ess
WTL..MAC R� TRUST
160 Plea mmit gb r North
Siggaturas
it
Orneac's rigtla#ure ' "address it,
applicants
s.
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"PRELIMINARY SUB-DIVISXON PLAIT OF TAT #IQ0 X--,300 and 1143-312 �qn
SALE[ TMT NORTH ANt34Z1.ER, NAR
' ltAX
Description (continued)
WESTERLY by the land of the Connonwealth of Maasachueettap and
NORVMSTERLY by lazed- now or formerly of 3obn Kozdras and land now
or formerly of Catharine 9, Stoehr
Containing 14,9 acres more or loss.
1
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Notice to APPLICANT/TOWN Ct= of Action of P.lu lingBoard on Prelii =ry
Subdivision Platt entitled:
BY; dated
1, The larch Andover'Planning Board Me tenbaitiveig approved
said p14% v#.th�*:,
out OW moditicationa thereof.
2. The North Andover Planning Board 'baa diced sa9Yd p]snt Or tis",
z
a
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3.' The Worth Andover Plug Hoard Us tentatively approved said p]batt,
WOct.to'the ioU0449 � tia�at► t 'eoCt
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very truly ' ouro„
XRTH M� PLAMM BOARD
DaterY➢rte�f:
P6�h�18G 8D�8D R����V��
TOWN OF NORTH ANDOVER DANiE4lNG
CLERK
MASSACHUSETTS 70WN 4vSDOV
,•,,,NaR7s� `apav�QlEA
NORTH IIN 31 ` 49
F R
4 i Y
Any appeal shall be filed '°• •`��
within (2O) days after the ss"C"°SE`
date of filing of this Notice
in the Office of the Town NOTICE OF DECISION
Clerk.
Date. . 9l4Y. 31,, 1989. . . . . . .. . . . . . .
Date of Hearing ,Ju1X,27� �1989� �_
Petition of . .Wilmac.Realty.TfV$ c .Fa$9� r.Willis, Trustee . ..
Premises affected . . . SiLl�. P ��g:�.street.Known.as Woodchuck .Grove
. .. . . . . .. . . . .. . . . . . . . . . . . . .
Referring to the above petition fora special permit from the requirements
of the . . . Npxtp, ppdpyer,Toning.Bylaw= .Section 2.30.1.Common Driveways .. . .. • .
so as to permit , to access Lots 16, 15. 14, 13, and 10 inclusive.by driveway easements
. . . .. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . .. . . .
, ,Aver, ,a,cjjacent lotsas shown on definitive plan of Woodchuck Grove
.
. . . . . . . . . . . . . . . . . . . . . . .. . I. . . . .. .. . . . . .. . .. . . . . . .
After a public hearing given on the above date, the Planning Board voted
to .Q)FVY. . . . . . . . . . .the Special Permit . . . .. . . .. .. .
based upon the following conditions:
See Attached
cc: Director of Public Works Signed
Board of Public works George Perna■. Chairman. .. .. . . . . .
Highway Surveyor
Board of Health John Simons, Clerk
Building Inspector
AssessorPaul Hedstrom
. . . . . . . .. . . . . .. . . . . . . . . . . . . . . .. . ..
conservation Commission
Police Chief Erich Nitzsche
Fire Chief
Applicant, Engineer John Graham . . .
Flle 'planning Board
Interested Parties
SPECIAL PERMIT FOR DRIVEWAY ACCESS
The Planning Board hereby denies the Special Permit under
Section 10. 3 and 10. 31 of the North Andover Zoning Bylaw for the
purposes of allowing the accessing of lots by driveways as shown on
Definitive Subdivision of Land "Woodchuck Grove" which Plan is recorded
in the North Essex Registry of Deeds as Plan Number The
Board finds that it is premature at the current time to grant these
applications. The Planning Board cannot adequately assess whether
driveway, access over adjoining lots is required in order to preserve the
existingcontours of the land since no construction of the roadways ,
utilities, etc. has yet commenced. If actual field conditions ( after
road construction occurs ) suggest that such driveway access is
appropriate the Planning Board would be willing to review the
applications at that time . The Board finds that Woodchuck Grove as a
pro3ect, is not an appropriate location for such a condition to be
applied at the current time ; the permission as granted may adversely
affect the neighborhood; it may create a nuisance or serious hazard to
vehicles or pedestrians; and, the allowance of the condition is not
necessarily in harmony with the general purposes and intent of the North
Andover Zoning Bylaw.
, .,; � ,•a YF1+.paTS"axNr" .... ,,., rr.'a-w,4,. .... .._:.
x
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: ;
` I, r
7oodchck Grove a `Defintide'Siybdivis3titt
By: Design EriginderiAiq (Assoc':') 'Tnn:'` dated April. 48, `' ]9 88 with four
revisions
The North AndoverPlanningBoard has voted to APPROVS said�,plan, ; subject to the
following conditions- :,,;
y
1. That the record owners ofk`the�subject land forthwith execute and record
a ^covenant running with the land"gor,,otherwise.,provide security for the con-
struction ofways and'the installation of"municipalservices within said sub-
divisionp, all as provided by G.L. .'
That all such'construction'and installations shall in all respects
conform to I the., governing rules and regulations,of this Board. ' .
3• That, as required by the NorthfAndover'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
consyent.of said Board of-Health* ,!.,,,_.
Other conditionsr ^
1 ;Y see Attached 14
ear 3X
n .h I'y4 <t
ky 44,
i
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 .eaid plan. . F
iF iF �F iF iF 1F �F 9F 1F 1F r1E 9F_�t �F. iF iF �F �F 1F M�� �t �F �F 1F 1F IF �F i1 �F 11' !k It It �F N IF IF
No h ov . Pi B �DI Pft s pl or f 11
1
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t
� NoRTH'ANDOVER PLANNIIG-BOARD
Date: July 27, 1989 By: George Pern Chairman'
S
d. _ 3 i°t ltBry
t s
JI"A
REGEM 0
DANIEL`l
TOWN CLE Sp CATION FOR APPROVAL OF DEFINITIVE P
NORTH AND i
(�
T
Auc10417 AM �V1.
�
P F M 1(]
1, rr_- 3sW7 777
To the`Planning Board of the Town of North"Andover: Y ''
�r
r'.The"undersigned, being`the' app licant'aas defined under Chapter 41, Section
81--Lt,'Por approval of a proposed subdivision ahown on a plan entitled
"Woodchuck Grove" adefinitive subdivision plan" r 71 ?, .
by , =Design Engineering;' (Assoc ) ' Inc. `.r ' �'" dated �April "28,` 1988 with four
be3nglandbounded as follows: .. a.� ` ` > r. revisions
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. ; 1143312 '° `
Title Reference: North Essex Deeds, Book"1021 Page 300 - ; ,or
Certificate of Title No.=0, Registration Book 7 3Page 5 ; or
Other:
Said plan has( has notV4 evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved on , 19
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof'hereby agrees to abide by the Boards
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'Publie 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 1v and V' of°the Rules and Regulations
of the Planning Board and the approved'DEFINITIVE 'plantprofiles and cross
sections of the same. Said plan, 'profiles, cross sections and constriction
specifications are specifically,; by,referencet" incorporated herein and made
apart of this application. This application'and the covenants and agree-
ments herein
greemeats 'herein shall"be binding`upon`all'heira,� executors,° administrators,
successors, 'grantees of the whole or part of„said land, and assigns of the
undersigned; and k
To 'complete the" aforesaid installations and const ion within two (2)
years from the date hereof.
I .
Received by Town Clark: %R 05
Si of Applicant
' Date.
Time:
Signature: .
Address
4
WOODCHUCK GROVE, CONDITIONAL APPROVAL DEFINITIVE SUBDIVISION
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
irregardless 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 the Department of Public Works will
be required prior to the issuance of a Certificate of Occupancy.
2 . All drainage facilities including detention basins and the rip-
rapped Swale shall be constructed and erosion controlled prior
to any lot release .
3. Lot releases shall be in conformance with the following
construction schedule which is intended to be protective of the
watershed so as not to unneedlessly cause erosion into the
detention ponds or onto Salem Street.
a. The developer shall construct a temporary high point
in the roadway at station 0 + 25 so as to prevent
soils from traveling onto Salem Street. This
temporary drain shall be kept intact until all
drainage facilities are constructed and erosion
controlled and shall be removed only prior to paving.
b. Lot shall be released for dwelling construction in the
following manner so as not to devoid the watershed of
vegetation:
Every third lot on the West side of the
roadway shall be constructed and erosion
controlled prior to the release of
additional lots .
C . Every second lot on the Easterly side of the roadway
shall be released for construction and shall be
erosion controlled prior to the release of additional
lots.
ni
submitted to the Planning
4 . As built Plans and profiles shall be s g
Board for approval prior to final release of DPW bond money.
The As-built Plans shall include topographic plans of all
detention ponds as well as plan and profiles of Salem Street and
South Bradford Street.
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 .
t
7 . Throughout Woodchuck Grove ( 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 Bylaw (the plan is for
areas of substantial cutting and filling) to be reviewed by the
Planning Board prior to the applicant receiving a permit to
build on any lot within this 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 present.
8. The contractor shall contact Dig-Safe at least 72 hours prior to
commencing any excavation.
9 . Gas , telephone , cable and electric utilities shall be installed
as specified by the respective utility companies.
10. All catch basins shall be protected with hay bales to prevent
siltation into the drain lines during road construction.
11 . No open burning shall be done except as is permitted during
burning season under Fire Department Regulations.
12 . No underground fuel storage facilities will be installed except
as may 1;e required by Town regulations.
13 , permanent house numbers will be posted on dwellings prior to
occupancy.
14 . All lots shall have residential fire sprinklers installed prior
to the issuance of the Certificate of Occupancy per order NAFD.
15 . Lot seventeen ( 17 ) shall not be released from the covenant until
all requirements of the North Andover Zoning Bylaws have been
met.
16 . Prior to the final plans receiving Planning Board signatures
they shall be reviewed to show better access into the adjacent
property at the fifty ( 50) foot right of way which extends off
the cul--de-sac.
1.7 . The applicant shall secure proper relief from all relevant
Boards regarding applicants driveway plan including, without
limitation, variances from the Board of Appeals .
18 . This decision shall incorporate the conditions in the
accompanying decision regarding the Special Permit Application
( PRD ) for Woodchuck Grove .
A !
The following plans are deemed approved by this decision:
Plans entitled: "Woodchuck Grove" A Definitive Subdivision Plan of Land
- Planned Residential Development. Dated April 28, 1989 , revised July
7 , 1989 .
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
