HomeMy WebLinkAboutWINTERGREEN REALTY TRUST eived by Town. CArk : SCsjx�s
RECD. a FORMA
Talk;. _ .I4iiIRLICATION FOR ENDORSEMENT OF PLAN
N9RT' B EVED NOT TO RE DIRE APPROVAL
,UL2
June 30 19q6
To the Planning Board of the Town of North Andover ' an and requests a
The undersigned wishes to record the accompanying pl
e uired . The undersigned believes that such approval
determination by said Board that approval by it under the Subdivision '
Control Law is not r q
is not required for the following reasons :
I. The division of land shown on the accompanying plan isnot a sub-
di. vision because every lot °ZoningrBYnLawhas
andthe
isamount
a publicfront
waye
required by the North Andoveror a private way . namely ,
namely ,
Wintergreen Drive , being land bounded as follows :_
Lot 6A North b Parisi, West b Love South b W' n . �
Tru$t, East by Wintergreen drive.
Lot 7A North by Wintergreen
Trust, West b Wintergreen Realty Trust, South by Wintergreen
y
Realty
en Drive. Lot 8A North,West&gouth by
Realty Trust, East by Wintergre
in � an � s not a sub-
Wintergreen Realty Trust, East by Winter reen D ive .
2 . The division of land shown on the accompa y 9 p
division for the following reasons :
Has required frontage and area
1850-1904 312-228 or
3. Title reference North Essex Deeds , Book 1971 _
Page 252
Certificate of Title No .
Registration. Book
Page
icant ' s Signature : Owner ' s signature and address if not
App the applicant :
Applicant ' s Address :
865 Turnpike street
North iAndover, Ma. 01845
Recei�4ed 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 . h P1 r rmi tan
shows a s n , as defin C . , S . -
mus a re-submitted to i proval under he
Sub di visio
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :�
Date
m
t
M
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
85-1344
............................................................PETER....BREEN........................................._..................
VS.
PAUL A . HEDSTROM, ET ALS , AS THEY ARE
MEMBERS OF THE NORTH ANDOVER PLANNING BOARD, ET AL
...............................................................................................................................................................
CERTIFICATE OF JUDGMENT
In the above action, by complaint dated...........................W......3.1.,.....19. 85
the following entry has been made upon the docket of said Court, viz:
September 17 , 1985 _- Stipulation ofDismissal with prejudice
............................................................................I........................
and all rights of appeal are waived .
...........................
................. ..................................................................
.......................................... .....................................................................
Attest: '
.....................................................
.;Ltt�i:,
Clerk
RECEIVED
TOWN ClE4t,
LAW OFFICES OF 1i0RTH 4"DAR
REGINALD L. MARDEN, P.C.
23 CENTRAL STREET Lay 31 3
ANDOVER. MASSACHUSETTS 01810 �7Jli
REGINALD L.MARDEN TEL.(617)470-0477
WILLIAM W.CORCORAN
MARK 9.JOHNSON(MASS.&D.C.).
GEORGE A4 RAND
.KENNETH i .COSSINGHAM(MASS.&N.H.)
JULIANNE Y.POISSON
May 31, 1985
Town Clerk
Town of North Andover
Town Hall
North Andover, Massachusetts 01845
Re: Definitive Subdivision Plan
of Winter Green Estates
Date of Approval by North Andover
Planning Board - May 13, 1985
Dear Sir:
Pursuant to the provisions of M. G.L. , Chapter 41 , Section
81BB, this letter is to serve as notice of an appeal taken by
Peter Breen to the approval by the North Andover Planning Board
of the above-referenced Definitive Plan. A copy of the
Complaint filed in the Essex Superior Court this date is
attached hereto.
gVer t ul yours,
g ' ld L. Marden
R4M/mlb
Enclosures
cc: North Andover Planning Board
Alan G. Lampert, Esq.
Peter Breen
i
COMMONWEALTH OF MASSACHUSETTS
Essex , ss. Superior Court
Civil Action
Peter Breen
Plaintiff
VS. Complaint
Paul A. Hedstrom, Michael P. .40
Roberts ,
John A. James , John Wo229
J . Burke and Erich W . Nietzsche ,
as they are members of the North
Andover Planning Board and rs p n
Winter Green Realty Trust m=0
Defendants
1. Plaintiff is an adult individual residing 'i:r5' North
Andover, Essex County , Massachusetts .
2. Defendants Paul A. Hedstrom, Michael P. Roberts, John A .
James , John J. Burke and Erich W. Nietzsche are members of the
Planning Board of the Town of North Andover, Essex County ,
Massachusetts .
3 . Defendant Winter Green Realty Trust has an usual place of
business at 865 Turnpike Street , North Andover, Essex County ,
Massachusetts.
4 . This action is an appeal of the approval of a Definitive
Plan by the Planning Board of the Town of North Andover pursuant
to M.G .L . , Chapter 41 , Section 81BG and a Petition for
Declaratory Judgment under G.L . Chapter 231A.
5. Winter Green applied for the approval of the Definitive
Plan entitled "Winter Green Estates" .
6. Said Plan was approved by the Planning Board on May 13,
LAW OFFICES OF
j.REGINALD L MAROEN, P.C. 1985 and filed with the Town Clerk on May 13, 1985.
29 CENTRAL STREET
ANDOVER. MASS. 01610
TEL: (6171 470.0477.
i
7 . A certified copy of said application and approval is
attached hereto as Exhibit A.
8. Plaintiff has an agreement to purchase the adjoining
parcel of land to that so subdivided (Arsenault parcel) .
9. Plaintiff is aggrieved by the decision of the Planning
Board.
10. Plaintiff currently has a right of way across the
adjoining parcel of land for various purposes including
Christmas tree farming .
11. Plaintiff ' s access at the present time , and his access
upon purchasing, is over the right of way which runs across the
parcel subdivided as Winter Green Estates.
12. The Plan submitted and approved by the Planning Board
fails to snow the right of way and calls for the construction of
buildings , roadways and other facilities which would block the
right of way .
COUNT I (Appeal Chapter 41 , Section 81BB)
13 . The above Paragraphs numbered 1-12 are incorporated by
reference .
14 . The approval of the Plan by the Planning Board exceeds the
authority of such Board under M.G .L. , Chapter 41, 'Section 81BB ,
the applicable provisions of Chapter 40A and the Rules and
Regulations Governing the Subdivision of Land in North Andover
promulgated under Chapter 41 , Section 81Q.
LAW OFFICES OF WHEREFORE, the Plaintiff requires that the Court enter
REGINALD L MARDEN. P.C.
33 CENTRAL STREET Judgement annulling the decision of the Planning Board or make
ANDOVER. MASS. 01610
such other decree as justice and equity may require.
TEL 1617) 470.0477
i
COUNT II (Declaratory Judgment Chapter 231A)
15 . The above Paragraphs numbered 1-12 are incorporated by
reference.
116. A dispute has arisen between the parties concerning
Plaintiff' s rights and his right of way , and the Defendant
Winter Green' s right to interfere with it .
17 . A dispute has also arisen between the Planning Board ,
Winter Green and the Plaintiff concerning the failure of the
Defendants to show and provide for the Plaintiff's right of way
and future access to Plaintiff ' s lot as provided for in said
right of way and as required by the Rules and Regulations of the
North Andover Planning Board .
WHEREFORE, Plantiff prays as follows:
1 . That the Defendants are preliminarily enjoined from
interfering with the right of way , which Plaintiff currently
uses for access to the so-called Arsneault parcel, including,
but not limited to , those rights established in a document
recorded in the Essex North Registry of Deeds , Book 88, Page 511 .
I� 2 . That the Defendant Winter Green , its agents , servants ,
attorneys , be restrained from altering the typography of the
land which consists of the right of way to the Arnsenault
parcel , or taking other steps which would block or modify the
right of way.
3 . That the Court determine the rights and obligations of the
LAW OFFICES OF parties pertaining to Plaintiff 's right of way , the approved
REGINALD L MARDEN. P.C.
23 CENTRAL STREET plan and access to the Arsenault parcel .
ANDOVER. MASS. 01810'
TCL: 16111 410.0477
4 . That the Court enter permanent injunctive relief to
enforce the rights of the Plaintiff, its successors and assigns
for access to the Arsneault parcel.
Peter Breen by his Attorney,
eginald L. Marden
Reginald L. Marden, P .C.
23 Central Street
Andover, MA 01810
Tel: (617) 470-0477
LAW OFFICES OF
REGINALD L MARDE:N, P.C.
T_3 CENTRAL STREET
ANDOVER. MASS. 01810
TEL' 16171 A70.0477
X APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
b
February 26 9 19 ..95'
To the Planning Board of the Town of, North Andover: '
The undersigned, being the applicant as defined under Chapter 41t Section
81_L, for approval of a proposed subdivision shown on -9 plra entitled
by Christiansen Engineering, Inc.. dated TrPb ?6 . 1084
on the north by -Foster at. , on the west
being land bounded as follows: by
Love, Parisi and Ludde on t e. sn ,r ,R ,' Ciragosian and
yrsenault. on the east by Wilkinson.
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
i.
Board for approval of said plan.
Title Reference: North Essex Deeds, Book12_86, Page 378 ; or'
Certificate of Title No. . � Registration Book_••._1 page, j or
Otheri.
Said plan has(x) has notO evolved from a preliminary plan submitted to
the Board of wept. 20� lq 84 and approved (with moiifications)
disapproved ( on Nov. 27 t 19 84
•
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 covenantslawn agrees
with the Town of North Andover, upon *approval of said DEFI11TIVE p y
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; including the required cable to be installed by Continental
Cablevision.
2. To complete and con?(ruct 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 Plant 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-
menta herein shall,be binding upon .all heirs# 'Mcutol"s, administrators I "
successors, grantees of the whole or part of said lan<,, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construct. on within two (2).
f yearSol w SI data. reof• j
'w
Receitved Town"Clark• �^' -- •�'r". !.:
�l3AGGF-1 HIVOA Si tore of ;.ppl`"ant
Date: ka313 HMOI
U t3 :9interrreen.Realty Trust
I Timer 0-11,13338 Andovere VA 61845
B65 Turn>aiko-.:.t..,�N•- --
Signature: Address
DEFINITIVE PLAN OF LAND
WINTERGREEN ESTATES
CONDITIONAL APPROVAL
MAY 98 1985
5. In accordance with the Fire Departments recommendations:
a. Lot numbers shall be posted on all lots during
construction.
b. Permanent house numbers shall be posted on dwellings prior
to occupancy.
C. Prior to taking occupancy, the subdivision streets shall
provide adequate access to each residence for fire apparatus.
d. No open burning is allowed except as allowed by the Fire
Department during burning season.
6. All requirements of the subdivision control law pertaining to
' Street Trees' shall be enforced by the Tree Department.
Security in the amount of $14, 000.00 shall be retained for this
purpose.
7. In accordance with the Highway Departments recommendations:
a. Road shoulder areas are to be eight (8) feet wide with a
maximum 1/4 inch to the foot raise from the edge of the
pavement.
b. Cape Cod berm will be required where deemed necessary by
the Highway Department. Type and locations to be chosen by the
the Highway Surveyor .
c. Catch basins to be off the road and swaled to collect the
most drainage flow possible. Rim to be set two (2) inches
lower than finish top edge of pavement.
d. All drainage easements are to run continuous through the
land and to be deeded to the Town by the developer .
e. Road widening easements along Winter Street shall be deeded
to the Town.
8. All deeds granting out lots shall reserve the fee in the street.
9. The deed granting out lots 22 and 23 shall reserve the right-of-way
easement to Arsenault Property.
10. The applicant shall comply with the North Andover Conservation
Commission' s Order of Conditions D.E.Q.E. File No. 242-265.
11. In accordance with the Board of Public Works recommendations:
a. Winter and Foster Streets The water main shall be
installed on the east side of the road. Five ( 5) eight (8)
inch gate valves shall be provided at 1) . one at the current
terminus of the water main on Winter Street, 2) . three at the
intersection of Foster St. and Winter St. , 3) . one 750 feet,
south of that intersection; and three hydrants shall be
provided and installed approximately 500 feet apart;
b. Wintergreen Drive The water main shall be installed ten
(10) feet left of the centerline of the road; Eight (8) inch
gate valves shall be installed at sta.-1+00: -0+90, 4+000 4+10
and 14+10; Hydrants shall be installed at sta. 6+80, 10+30 and
j 14+00;
PAGE 2
c. Foster Street (sheet 12 of 17) The water main shall be
installed on the south side of the road and shall run parallel
to the proposed drain without crossing it; Eight (8) inch gate
valves shall be installed at sta.-0+50, 0+00, and 6+80;
Y
H drants shall be installed at sta.-0+40, 3+40 and 6+90;
d. Tanglewood Lane The water main shall be installed ten (10)
feet left of the centerline of the road with eight(8) inch gate
valves being installed at sta. 0+0 and 12+30; Hydrants shall
be installed at sta.4+30, 9+10 and 12+00;
12. All water mains shall be eight (8) inch class 52 ductile iron
cement lined water pipe installed with 5 feet of cover below
the finish grade.
13. Gate valves (open left) shall be Mueller or equal , complying with
AWWA specification L500 52T and will be supplied with a 1001b.
sliding type gate box marked 'WATER' .
14. Eddy breakflange hydrants are to be installed and provided with a
six (6) inch Mueller or equal gate valves (open left) on the
branch.
15. All water mains shall pass leakage and pressure tests performed in
accordance with Section 13 of the AWWA Standard C600 and shall
be chlorinated in accordance with AWWA C601 Standard Procedure
for Disinfecting Water Mains .
3
kn/234
ccs Highway Surveyor
Board of Public Works
Tree Warden
Police Chief
Fire Chief
Building Inspector
Conservation Commission
Board of Health
Assessor
File
Applicant
Engineer
4 aU V.LL, i Vr #.- . ......._... _ Vir...�,........�._ .... ..... ..
' on Definitive Subdivision Plan entitledt �
" WINTERGREEN ESTATES
By*• Christiansen •Eneineerin a dated 2/26/85 & rev. 5/8 1985
• . . �k iF iF 1F qtr iF .
The north Andover Planning.Board has voted to APPROVE said plant subject to the ~ .
following conditionst . ' '
Is 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-
divisiont all as provided by G.L. c. 411 S. 61-U.
2. " That -all such,construction and installations shill in all respects
conform to thee rules and regulations of this "bard. Any Aanges to the
b
approved plan e dev loper, town board or agency shall.be submitted to the Planning
for approval by the ap licant prior to im Ie enta on n h f d.
3. Thatt as requ�red by. the North_ Wdmcver ward of �{ea'�h in its report to
this Boards no building or other structure- shall be buil or placed upon Lots
No. 1 throueh 30 as shown on said Paan without the prior
consent of said Board of Health,.
.4. Other. conditions:
a. All Planning Board order of conditions are to be placed on the recorded definitive plat
b. Prior to .sign'ing the definitive plans all deeds of easements shall be submitted to
the Planning Board. and-held An escrow until completion. At the time of completion,. the
developer or owner shall execute such documents for the .Town.
c.1 A certified as-built plan shall be submitted showing the location of all utilities
(electric, water, sewer, ,telephone) prior to binder coat-application.
d. Final as-built.plans shall be submitted to the Planning,Board prior to final release
of security.
---- e. A certified plan from a Registered.$ngineer or Land Surveyok shall be submitted to the
Planning Board for review detailing proposed stump pit areas for' approval prior Many
construction. All stump pit areas ,are to be approved by the-Highway Surveyor.
f. The applicant/owner Jdeveloper shall be aware of the fact that approval• of this subdiv-
ision under the Planning Board's Rules 'and Regulations will not relieve said parties of the
responsibility to other property owners upon whose-land may be' affected by indirect or
direct development storm -water discharge.
In the event that no appeal shall have been taken from said approval within
twenty days from this date# the North Andover Planning 3oard will. forthwith �
thereafter endorse its formal approval upon said plan.
C7 .,
.oa
we
W�—'-r ATTEST:
W 2 x A Tiro copy `
c— .
cr a+s �O r
zl i elf l
Town Clerk
NORTH ANDOVER PLANNI U BOARD
Date: May 13, 1985 By: Michael P. Roberts
77lrul,l.c�
on Dcfini&ve Subdivision_ Plan entitled:
WINTERGREEN ESTATES
By: Chri sT_iansen • •ng;n o dated 2/2'6/85 & rev. 5/8 148
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
let 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-
divison, all as. provided by C.L. c. 41l S. 81-U
2.' " That all suchiconstruction and installations stall in all respects
conform to theoverning rules and regulations of this '308rd. Any Aanges to the
approved plan b the developer, town board or agency shall. be submitted to the Planning
for approval by the Ap licant prior to im entat on n h f ie],d. its report 0
3. That, as req=d by. the Horth, pAn over Board of �iealtn po
this Board, no building or other structure shall be bui .t or placed upon Jots
No, 1 through 30 as shown on said Paan without the prior
consent of said Board of Health,
.4a, Other conditions:
a. All Planning Board order of conditions are to be placed on the recorded definitive plan.
b. Prior to signing the'definitive plans all deeds of easements shall be submitted to
the Planning Borard. and•het.d 'in escrow until completion. At the time of completion, the
developer or owner shall execute such documents for the,Town.
c.t A certified as-built plan shall be submitted showing the location of all utilities
(electric, water, sewer, .telephone) prior to binder coat application.
d. Final as-built.plans shall be submitted to the Planning_Board prior to final release
of security.
- e. A certified plan .from a Registered•gngineer or Land Surveyor` shall. be submitted to the
Planning Board for review detailing proposed stump pit areas for' approval prior to any
construction. All stump pit areas are to be approved by the -Highway Surveyor.
f. The applicant/owner/developer shall be aware of the fact that approval- of this subdiv-
ision under the Planning Board's Rules 'and Regulations will not relieve said parties of the
respoosibility to otherproperty owners -upon whose-land may be' affected by indirect or
direct development storm water discharge.
j .
In the event that no` appeal shall have been taken from laid approva1 within
twenty days from this date,, the North Andover Planning 3oard will forthwith ,
thereafter endorse its formal approval upon said plan.
Ui
NORTH AMUR PLANNING DOW
May 13, 1985 Michael P. Roberts
Datex �_ .. ...._ ._.- _�... BY: - —
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
February 26! t 19 .$x,,.
To the Planning Board of the Town of North Andovers `
The undersigned, being the applicant as defined under Chapter 41# Section
81-L9 for approval of a proposed subdivision shown on -a plr+n entitled
r ntnr rrr»n To cta
to-
by Christiansen Engineering, Inc dated Ppb. 26_ -1OPr
being land bounded as follows* on the north by .Fostert. , on the _west by
Love , Parisi and Lufide, on the 5nuth hu lorn7�J `j
nn+ Ciragosian and
r
�irsenault, on the east by Wilkinson
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulatione.of the Horth Andover Planning Board and makes application ,to the
t Board for approval of said plan. ,
Title References North Essex Deeds, Book 1286 ► Page 378 i or'
Certificate of Title No. _,,,_t Registration Book # page_ or
Others:
Said "plan hae(x) has not( evolved from a preliminary plus submitted to
the Board of aept• 20 1984 and approved (with modifications)
disapproved ( on Nov. 27 t 19 84,.
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Boards 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 DEFII'[TIVE plan by the
Boards
1. To install. utilities in accordance with the rules and regulations of the
Planning'Hoard, the Public Works Department, the Highway Surveyor, the
Board of Healtht and all general as well as zoning bye-laws of said Town,
as are applicable to the installation of utilities within the limits of
Cys and streetai including the required cable to be installed by Continental
Cablevision.
2. To complete and con4ruct-the streets or ways and other improvements sham
thereon in accordance with Sections Iv and V of the Rules. and Regulations
of the Planning Board and the approved DEFINITIVE plant profiles and cross
sections of the same. Said plant profiles.# cross sections. and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenauts and a ye
ments herein shall be binding upon all heirs, 'executo sp administratoP%
successors) grantees of the whole or part of said last-.t and assigns of�,=the
undersigned; and
3, To complete the aforesaid installations and eonstruct .on within two
years�t from
L 1 dj)"i3 reof.
f'A
Received by Town.Cl4 k: /'. l,;• '�
�l3AGCNt HI QN Si ture of ..pp cant
.Dates b3`G_NMOJ, ,
NM-4131 'Winter Green Real'ty Trust -
Times
Signature: 865 Turnpike t. ' N,, Andover. YA 01845
Address
f
DEFINITIVE PLAN OF LAND
WINTERGREEN ESTATES
CONDITIONAL APPROVAL
MAY 98 1985
5. In accordance with the Fire Departments recommendations:
a. Lot numbers shall be posted on all lots during
construction.
b. Permanent house numbers shall he posted on dwellings prior
to occupancy.
c. Prior to taking occupancy, the subdivision streets shall
provide adequate access to each residence for fire apparatus .
d. No open burning is allowed except as allowed by the Fire
Department during burning season.
6. All requirements of the subdivision control law pertaining to
' Street Trees ' shall be enforced by the Tree Department.
Security in the amount of $14, 000.00 shall be retained for this
purpose.
7. In accordance with the Highway Departments recommendations:
a. Road shoulder areas are to be eight (8) feet wide with a
maximum 1/4 inch to the foot raise from the edge of the
pavement .
b. Cape Cod berm will be required where deemed necessary by
the Highway Department. Type and locations to be chosen by the
the Highway Surveyor.
c . Catch basins to be off the road and swaled to collect the
most drainage flow possible. Rim to be set two (2) inches
lower than finish top edge of pavement.
d. All drainage easements are to run continuous through the
land and to be deeded to the Town by the developer .
e. Road widening easements along Winter Street shall be deeded
to the Town.
8. All deeds granting out lots shall reserve the fee in the street .
9. The deed granting out lots 22 and 23 shall reserve the right-of-way
easement to Arsenault Property.
10. The applicant shall comply with the North Andover Conservation
Commission' s Order of Conditions D.E.Q.E. File No. 242-265.
11. In accordance with the Board of Public Works recommendations:
a. Winter and Foster Streets The water main shall be
installed on the east side of the road. Five (5) eight (8)
inch gate valves shall be provided at 1) . one at the current
terminus of the water main on Winter Street, 2) . three at the
intersection of Foster St. and Winter St. , 3) . one 750 feet
south of that intersection; and three hydrants shall be
provided and installed approximately 500 feet apart;
b. Wintergreen Drive The water main shall be installed ten
(10) feet left of the centerline of the road; Eight (8) inch
gate valves shall be installed at sta.-1+00, -0+90, 4+00, 4+10
and 14+10; Hydrants shall be installed at sta. 6+80, 10+30 and
14+00;
PAGE 2
C. Foster Street (sheet 12 of 17) The water main shall be
installed on the south side of the road and shall run parallel
to the proposed drain without crossing it; Eight (8) inch gate
valves shall be installed at sta.-0+50, 0+00, and 6+80;
Hydrants shall be installed at sta.-0+40, 3+40 and 6+90;
d. Tan lewood Lane The water main shall be installed ten (10)
feet left ofthe-centerline of the road with eight(8) inch gate
valves being installed at sta. 0+0 and 12+30; Hydrants shall
be installed at sta.4+30, 9+10 and 12+00;
12. All water mains shall be eight (8) inch class 52 ductile iron
cement lined water pipe installed with 5 feet of cover below
the finish grade.
13. Gate valves (open left) shall be Mueller or equal, complying with
AWWA specification L500 52T and will be supplied with a 1001b.
sliding type gate box marked 'WATER' .
14. Eddy breakflange hydrants are to be installed and provided with a
six ( 6) inch Mueller or equal gate valves (open left) on the
branch.
15. All water mains shall pass leakage and pressure tests performed in
accordance with Section 13 of the AWWA Standard C600 and shall
be chlorinated in accordance with AWWA C601 Standard Procedure
for Disinfecting Water Mains .
kn/234
cc; Highway Surveyor
Board of Public Works
Tree Warden
Police Chief
Fire Chief
Building Inspector
Conservation Commission
Board of Health
Assessor
File
Applicant
Engineer
I
}4 3
Notice to APPLICANT/TOWN CLEU 'of Action 'Areliminaiy
Subdivision Plan entitled.:
SUQDIVISION ' PtAN FOR II,� T'tR�NR T
Christiansen Engineering dated 9/21/84; rev . 11/20/84
)UX X7(}lGrX at(o lfdSrX g X1 XM (?tl6ilt frlbY�lf Xa�¢�S di, D(li�i(d(1j$!li(�Xmgm
glxtx tXdK0001.X10tu"Atotooz
2, The North Andover-Planning Board has disapproved said plan, for the
following reasons:
(see attached )
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wngel
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W re 3L w3Lx
Very truly yours,
NMH ANIDOYNR
PLANN110 BOARD
1y Paul A: Heds,_m._ Cha irman a
:i
Date: Movem„berg 27 , 1984
, f
Uft
.'1•�
Appendix B
TOWN OF NOIJH ANDOgR MA.Y
PLANNING BOARD
RM B
APPLICATION FOR APPROVAL OF_A PRELIMINARY PLAN
Sept 20 19 84
To the Planning Board of the Town of. North Auldg-ver
The undersigned, being the present record owner of aV)M1ffiqffWY
within a proposed subdivision shown.on aPan entlt d
Subdivision Plan for Wintez�green
by(1hristi ansen Fnai neerina sate 6ept ZI . ,
(being land b and d a •foll ws:
Northerly Eby gFos` er St and the lalad of Harry' and Martha love
Westerly by land o iArsenault
hereby submits said plan as a PRELIMINARY'subdivision plan in accordance with
the Rues and Regulations of the North,4And'over,--PlWnriine B"rd- and makes
application to the Board for approval of said plan.
The undersigned's title to said land derivQd from
2 parcels: Book 7, pg 1 anCL
by deed dated and recorded in the Essex County
Registry of Deeds Book Page 378 registered in the Essex
County District of the Land Court, Certificate of Ti le No,
All owners (in the case / �ar }/)/A
of a corporation, an �' /'!/r � - y 4
authorized officer: in S-gnature� of Appel ant' ,' w
the case of a trust, ALL trustees) +Nq
must sign Vincent Grasso ( Trustee),
793 Turnpike Street
AddressNor-EN
Signed_
Nor 11 Qve -- Action Taken
Planning Board Date
Original and two copies with seven coples•of Preliminary Plan to the Planning Board
One copy and copy of plan to Board of Health and Assessor
One copy to the Town Clerk
M ^Q 1y,I
DECISION - DISAPPROVALQ�N1IL L001
PRELIMINARY PLAN OF LAND - TOWN G!E K
WINTERGREEN REALTY TRUST NORTH ANO ER
revviised NOVEMBER.
20, 1984�by *V 71 12 OP IN IN
CHRISTIANSEN ENGINEERING
(VOTE TO DISAPPROVE THE PRELIMINARY PLAN OF LAND FOR
WINTERGREEN REALTY TRUST, AS SUBMITTED AND REVISED, FOR
THE FOLLOWING REASONS)
1. The preliminary plan of land as submitted does not fully show the
required information as specified in the Planning Board' s Rules
and Regulations under Section III,A, 2 - CONTENTS.
2. A locus plan showing adjoining property was not submitted to the
Board to determine the best possible extension to service
adjoining parcels .
3. No abuttors are shown on the preliminary plan.
4. Drainage to Foster Street is inadequately shown on the plan for
the board to review as no drainage outlet is proposed for
drainage system.
5. Location of catch basins do not conform to the Rules and
Regulations .
6. The contour intervals are not in accordance with the Rules and
Regulations .
7. The proposed lots are not appropriately dimensioned on the plan.
8. The applicant shall be advised that in the event a Definitive
Plan evolves from this preliminary plan and/or parcel of land,
the North Andover Planning Board will require upon submittal that
ALL aspects of the Rules and Regulations Governing the
Subdivision of Land must be strictly adhered to and will be
required, notwithstanding this decision.
cc Applicant
Engineer
Highway Surveyor
Board of Public Works
Tree Warden
Police Chief
Fire Chief
Conservation Commission
Building Inspector
; Board of Health
Assessor
File
on Definitive Subdivision Plan entitled:
Bq: dated , 19
The North Andover Planning.Board has voted to APPROVE said plan, subject to the
following conditions: ,
1. That the record owners of the subject land forthwith execute and record
a "covenant running with.the land", or otherwise provide security* for the• con-
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. c. 41t 3. $1-U.
2. " That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board. .
3. That, as required by the North Andover Board of Health in its report to
this Hoard, no building or other structure shall be built or placed upon Lots
Not as shown on said Plan without the prior
consent of said Board of Health.
k., . Other conditions:
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board x311 forthwith
thereafter endorse .its formal approval upon said plan.
ac• * at .x• * * •� � *. at• �t � �F:-•a �t �• � a• � at * � � * * �t1t � � itiE * * * it * mit
The North,Andover.Planning.Board bas DISAPPROVED' said plan, for the following .
reasons:
1 _e` iii w$i
Vic }
NORTH ANDOVM PLANrrtNu� tD
Dates
APPLICATION FOR APPROVAL OF DEFINITIVVEE PL_,AN
F� e,.�agy 26.,-1 1.9 8.g
To the Planning Board of the Town of North Andover: `
The undersigned, being the applicant as defined under Chapter 411 Section
81—L, for approval of a proposed subdivision shown Ona plan entitled
,�i star �.BA.j'Sta1-oe -
by Christiansen Engineering, Inc . dated rah- ?h_1;
being land bounded as follows: on the north by Foster St. , on the west by
Love, Parisi and Ludde on the mutt, by rnnovj ,,,+Q Ciragosian and _
Arsenault,on the east by Wilkinson
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.
Title References North Essex Deeds, Book-1286 t Page 37 8 i or
Certificate of Title No. „__j Registration Book,_t pap.1 or
Other:.
t
Said plan has(x) has not( evolved from a preliminary plan submitted to
the Board of wept• 20 19 84 and approved (with modifications)
disapproved (_ on Nov. 27 , 19 84 •
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Boardt 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 Andovert 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 Departments the Highway Surveyor, the
Board of Healtht and all general as well as zoning byylaws of said Towns
as are applicable to the installation of utilities within the limits of
ways and streetsi
2. To complete and con�ruct the streets or ways and other improvementsan shown
s d
thereon in accordance with Sections Iv and V of the Rule Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plant 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 heirst 'executorat administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
,,,ye` ����ate hereof.
SCOV
ReceClerk:
N3A00 V HIVON Sir' tore of Applicant
Dates `!H3 3
Times 1pa i w Winter Green Realty Trust
Signatures 865urrntiike at. N. Andover, 1^A 01845
Address
Notice to APPLICANT/TOWN CLERK of Action of Planning Bo
Subdivision Plan entitled:
Isis
Hy: dated
1. The North Andover Planning Board has tentatively approved said plane with-
out any modifications thereof.
2. The North Andover Planning Board has disapproved said plant for the
following reasons:
:
3. The North Andover Planning Board has tentatively approved said plant
subject to the ,following modifications thereof:
I
t4,
1 L
Verytrulyyours,
NDRTH ANDOrtTffiEt PLANNING BOARD
BY
Date:
r3
Appendix B
TOWN OF NOPJH ANDOgR
PLANNING BOARD
PORM B
APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN
Sept 20 1984
To the Planning Board of the Town of North Andgver
The undersigned, being the present record owner of alpIffily
within a proposed subdivision show ,on a plan entit d '
Subdivision Plan for Wintergreen
by rbriati_ansen Engineering date Sept 219 ,
(being land bound d a oll ws: •
Northerly �y ' os` er St and the land of. Harry' and Martha love
es er y 0y land o o Arsenault
hereby
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with
the Rules an4 Regulations of the NorthNtAndove P3:ai ring-13ard-_.and makes
application to the Board for approval of said plan.
The undersigned's title to said land .,11s deriv@d from
2 parcels: Book 775 pg 41 and
by deed dated and recorded in the Essex County
Registry of Deeds Book——, Page 378 , registered in the Essex
County District of the Land Court, Certificate of Ti le No.
All owners (in the case
of a corporation, anri��t /'
authorized officer; in tiignature of Appltc nt
the case of a trust, ALL trustees) Vincent Grasso ( Trustee)
must sign
793 Turnpike Street
Address o
Signed
N orth, Andove — Action Taken
Planning Board �- - Date
Original and two copies with seven copies,of Preliminary Plan to the Planning Board
One copy and copy of plan to Board of Health and Assessor
One copy to the Town Clerk
Received by Town Clerk :
RECEIVED FORM A
DANIEL
TOWN,
NoR-j ARRL `#RTION FOR ENDORSEMENT OF PLAN
BELI YF1, NOT TO REQUIRE APPROVAL
MAY 9 " ul
May 7 , 19 87
To the Planning Board of the Town of North Andover : `
Thi undersigned wishes to record the accompanying plan and requests a
Oe�erminatl
Co trot Lawon by , said Board that approval by it under the Subdivision
~is~ notfrequi red:° The -Undersigned> believes = that such approva
is not required for the following reasons:
.,• .npp '^ tll.,i s ' -,!', .y} ��. 4 _: ,' a j' ,• 3 "t� v_ i
1. The division of land shown on the accompanying plan is nota 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 private way , namely ,
f `tanglewoc'd Lane being land bounded as follows :
WpSte lir bl !:fnt +99 Northerly by 1ntc'9 and 'A- and Sniithorll. h� —
Tanglewood Lane.
2: The divisi'on `of land shown on the accompanying plan is not a sub-
division for the following reasons :
Has required area and frontage
3. Title reference North Essex Deeds , Book 1850 ; Page 312 or
Certificate of Title No . Registration Book ;
Page
Applicant ' s Signature : Owner' s signature and address if not
the applicant:
Applicant ' s Address :
Wintergreen Realty Trust
8b5 Turnpike Street
North Andover 'MA 01845
{
Received by Town Clerk :
a
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying=,plan :
'- I. The North-Andover Planning Board has determined that said plan
F > does,not1frequire approval , under ; the Subdivision Control . Law ,
and the appropriate endorsement has been made upon the same .
f
a
-
2.. .. The North ,Andover` Planning Board has determined that said plan
shows aAIsubdivision , 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 BOA
By:
Date
Oversized Maps on file with the Town