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HomeMy WebLinkAboutPHILLIPS COMMON REALTY TRUST r ; Any appeal shall be filed r F:�ArMLf" . Sy labs • py within (20) d3YS after the ., ,,,. date of fi;ir of this Notice �esue �iAY �a �� C�+ in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Sft to Date . . May, .18,, 19,9,2 . . . . . . . . . . . . .q2 Petition No.. . .420-9z . . . . . . ... . . . . Date of Hearing. . . 14AY .14 S. 1.9.9.2 .. Petition of . .PhIlli s. Common.Development. Cor Premises affected . . .North •side• of. Mass•Avenue .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . .Section. 4.. . . . . Paragraph. 4.2. .of .the. Zoning.Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .relief. of .Phased. Development .Bylaw. .to .permit .construction. of. . . . .;. twenty-six. .(.26) .single .Family homes. in 1992.. . . . . . . . . . . . . . . . . . . . . . . . . • ... . . . . . . . �. After a public hearing given on the above date, the Board of Appeals voted to .GRANT . . : the yance. . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to .Phillips .Common .Developmelat. Cnxp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: �� . ; ✓�� Segned Frank Serio, Jr. , Chairman William Sullivan, Vice-Chairman . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. Walter Soule, Clerk Anna O'Connor John Pallone . . . ... . . . . . . . . . . . . . . . . . . Board.of APPS Any -eppeal -shall the ;filed NORT„ _ : a a N3 twit"in (20) 0:-.vs a',er then ry :date of fi;�n3 0fi this Noticexi �w, � 4 An .the Office ,of the Town Clerk. �9SSACNUSEtSy TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Phillips Common Development Corp, * Petition #020-92 North side of Mass Avenue North Andover, MA 01845 * DECISION * The Board held a regular meeting on Tuesday, May 12, 1992 upon the application of Phillips Common Development Corp. requesting a variation of Section 4 , Paragraph 4.2 of the Zoning Bylaw so as to permit construction of twenty-six (26) single family homes in 1992 on the premises located at the north side of Mass Avenue. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-Chairman, Walter Soule, Clerk, Anna O'Connor, and John Pallone. The hearing was advertised in the North Andover Citizen on April 29 and May 6, 1992 and all abutters were notified by regular mail. Upon a motion by Mrs. O'Connor and second by Mr. Pallone, the Board voted unanimously to GRANT the variance as requested. The Board finds that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 18th day of May 1992. BOARD OF APPEALS lt!b/ AeI4 J�� 4, Frank Serio, Jr Chairman 'I RHIN flffl RECEI�Er) TOWN OF NORTH ANDOVER DANIELL�"K MASSACHUSETTS HORT,1 ER{� Of qO RTN Nov L•+ �' 21 Any appeal shall be filed 3+0 within(24)days after the date of filing of this Notice • c) In the Office of the Town �SS"CHO* Clerk. NOTICE OF DECISION Date. . November.29, 1991 . . .• . • . • , Date of Hearing . .November• 21, 1991 . . Petition of . . Phillipp,Common Realty Trust• . .• . .• . . . Premises affected . . 168 Osgood Street/EAst Side of Mass. Avenue . . .. . . . . . . . . . . . . . . . . . • . . .-. . . . . . . . . . .. . . . . . . . . .. . . . . . . . Referring to the above petition for a special permit from the requirements of the .North .AaAovpx.2vuiug.$:tlaxq ,S€FX�Pll.0, i .$4ragrV �,,. PRD.Plauned.Residential Development so as to permit .toe c rust p} pion of 26 detached single family homes. . . .. . . . . . h.o . . .. . . . . . ... .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . .. After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to .ARPYOYED. . . . . . . .the .SXnJ1AL.HWIT.RQR A PLAN P.H511RVTTAT. DAvALP?MINT. . . . . . based upon the following conditions:` cc: Director of Public Works Board of Public Works Highway Surveyor Building-'Inspector Signed Board of Health - •� Assessors George D. Perna, Jr. , Chairman Conservation Commission . . . . . .I. " . . • . . ' . . • ' . . ' Police Chief John L. Simons, Clerk Fire Chief . . . . . . Applicant John Draper Engineer . . . . . . . . . . . . . . . . . . . . . . Interested Parties Joseph Mahoney File . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Richard Nardella �,,10R1y KAREN HP.NELSON Town of 120 Main Street, 01845 sulLnINc '°* :.ate ' NORTH ANDOVER (508) 682-6483 CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT November 29, 1991 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Phillips Common Special Permit, Planned Residential Development (PRD) Dear Mr. Long: The North Andover Planning Board held a public hearing on November 14,1991 in the Town Building, Selectmen's Meeting Room on the application of Phillips Common Realty Trust, Marie Pitochelli, President, 50 Copley Drive, Methuen, MA and Phillips Common Development Corp.,same address,requesting a Special Permit under Section 8.5 of the North Andover Zoning Bylaws and a Definitive Subdivision Approval under Chapter 41,Section 81 T of M.G.L., the Subdivision Control Laws and the Rules and Regulations Governing the Planning Board of the Town of North Andover. The public hearing was duly advertised in the North Andover Citizen on October 30 and November 6, 1991 and all parties of interest were properly notified. The following members were present:George D.Perna,Jr.,Chairman,John Simons, Clerk, John Draper and Richard Nardella. Joseph Mahoney was absent. The petitioner was requesting a Special Permit for a Planned Residential Development, for the construction of 26 detached single family homes in a Residential-3 (R-3) Zoning District,located on the east side of Massachusetts Avenue. The petitioner was also requesting approval of a Definitive Subdivision, creating 26 lots know as Phillips Common. John Simons read the legal notice to open the public hearing for the Special Permit and the Definitive Subdivision requested by Phillips Common Realty Trust. George Perna asked Christian Huntress if staff had anything to report with regard to these applications. Mr.Huntress stated that the Technical Review Committee(IRC)had met with regard to both applications and had recommended the following: All houses constructed within this project shall have residential fire sprinklers installed, as per N.A.F.D. All property located along Osgood Street shall have restrictive covenants in place for perpetual conservation/preservation. This shall include the parcel around the Thomas Mansion. An open space barrier shall be placed around the perimeter of the property. Division of Public Works letter from Bill Hmurciak,dated November 14, 1991 should be read into the record and made part of the file. The Conservation Commission has issued a negative determination for this project. As such, the applicant will not be required to file a Notice of Intent for any work shown on the plans. A letter from the applicant dated,November 14, 1991,offers the total open space with the PRD to the Town as a gift of land. All easements for roadway,utility,drainage,open space,conservation and preservation should be prepared and presented to staff for review. The Board of Health has asked the applicant to provide proof that the existing Manse is tied into the sewer located within Osgood Street. - Details of all proposed lighting should be submitted for review. This includes lighting proposed at the entry. John Simons read a letter from William Hmurciak N.A.D.P.W., dated November 14, 1991 listing ten(10)issues which the applicant should be asked to address. Richard Nardella questioned Mr. Huntress on the recommendation of the Division of Public Works that the roadway width be 26 feet. Mr. Huntress stated the roadway as shown on the plans is 22 feet wide,and is in conformance with the Planning Board's Rules and Regulations Governing the Subdivision of Land. Mr. Huntress went on the say that the Town Manager had met with the Director of Planning And Community Development and the Division of Public Works on this issue and supported the recommendation from a majority of the Technical Review Committee that the roadway be designed at 22' pavement width. Mr Huntress then asked that the applicant's engineer, Steve Stapinski, of Merrimack Engineering Services, present the detailed plans to the Board. Mr Stapinski introduced himself, Mr. Jonathan Woodman of Woodman Associates, Architects, and the Trustees of Phillips Common Realty trust. Mr. Stapinski then presented a Site Plan which showed the 26 new dwellings and reviewed other issues of roadway width, sidewalks, lighting, drainage,and distances to abutters. John Simons questioned the need for two detention ponds when prior applications on this property had only shown one. Mr Stapinski responded by stating that ground water elevations were found to be much higher than originally shown on previous plans, and that a tremendous amount of fill would be required to accommodate all drainage with only one detention pond. Mr.Huntress said that he had also raised this concern at the TRC meeting, and had walked the site with Mr. Stapinski and Mr. Thomas Laudani,project manager. Mr.Stapinski then completed review of the drainage plans with the Board. John Draper asked what the distance was from the proposed construction to homes located along Phillips Brook Road. Mr.Stapinski stated that all new construction was at least 100'From the property line abutting Phillips Brook Road. George Perna suggested that a no- cut Me be placed along the rear of all lots which abut Phillips Brook Road and Osgood Street and that more screening should be provided along the rear of the lots which abut Massachusetts Avenue. The material used should be evergreen trees of the same type used in other areas on the property. Mr. Stapinski said that would not be a problem. John Simons then asked why the plans had been drawn to eliminate the Thomas Mansion from the proposed construction, and questioned whether the "Manse" was to be considered as part of this project. Mr. Stapinski said that with the property of the Manse included in the open space calculations the percent open was 42-43%. Mr. Simons continued to question how the Manse was being treated and stated that he felt it should be looked at as a 27th lot. George Perna felt that the 27th lot was an issue from the start,and that it was unclear from preliminary discussions with the Board as to whether this would be allowed under the PRD regulations. Mr.Perna then asked Mr.Huntress to have Town Counsel review the PRD Bylaw and specifically the allowed density calculations to see if it is within the Planning Board's authority to approve a PRD Plan which exceeds the number of lots shown on a conventional subdivision plan. Mr. Stapinski asked that Mr. Jonathan Woodman be allowed to present his architectural plans for the dwelling units. Mr. Woodman explained to the Board that all dwellings would be constructed from one of the four detail sketches presented for their review. All colors are to be"earth tones"and all perimeter lots shall have a low fence to the front of the lot and lighting at each driveway. Mr.Woodman went on to say that all interior lots shall be landscaped with low stone walls and "subtle berms" so as to define each lot in a traditional "New England Village style". In discussing the architectural style of the dwellings, Mr. Woodman stated that the design is considered an expandable cape,with architectural shingles on the roof and wood, clapboard and brick as an exterior facade material. Mr. Woodman commented that the need from a 22'wide roadway was driven by the desire to create a village atmosphere. With the construction of sidewalks,berms,fences and common open space a sense of community and pedestrian scale can be established. John Simons asked that the architectural drawings be revised so as to list all material used in construction of the dwellings. Particularly the material used in construction of the roof, facade, windows and lighting. Richard Nardella then questioned the configuration of Lot Y, which surrounds the Thomas Manse. Specifically, why could Lot Y not be drawn so as to include the open space and gardens associated with the historic nature of the Thomas property. Further, should the Town accept a grant of land including the open space,would there be a liability issue associated with an existing garage on Town property and what would the yearly tax on that open space amount to. Mr. Huntress stated that he had advised the applicant to comply with the 351/0 open space requirement, and that should Lot Y be enlarged the total open space would fall below 35%. Mr. Nardella stated that if Lot Y is to be protected by a historic preservation restriction and a conservation restriction then it should be considered as open space even if not included in the land to be gifted to the Town. Mr.Stapinski added that if Lot Y is included in the open space calculations then a total of 42-43%would be attained Rick Nardella asked that the applicant redraw the property line of Lot Y so as to include the historic garden and meadow. George Perna asked Mr. Huntress if the Historical Society had been contacted with regard to this project. Mr. Huntress stated that they had and Attorney Michael Morris and Mr. Davis Cherrington were both present on their behalf to speak to the Board. Attorney Michael Morris then introduced himself and Davis Cherrington to the Board and stated that he felt the project to be a good one and that the developers,specifically Thomas Laudani, had been very accommodating and helpful throughout the negotiation process. Attorney Morris then reviewed the draft preservation/conservation restrictions which the Historical Society had prepared. I Richard Nardella asked what the construction schedule for openings within Massachusetts Avenue and Osgood Street would be. Mr. Laudani stated that the street openings would be permitted by the DPW. Mr. Nardella asked that a schedule be presented at the next meeting. g George Perna then asked the Board when they could schedule a site walk to review the property. The Board agreed on the walk for 8:00 a.m. Saturday, November 16, 1991, and asked that the engineer have the approximate edge of roadway staked out at that time. Mr. Laudani then asked the Board to consider closing the public hearing due to the developers need to initiate construction before winter sets in. John Simons stated that he felt it improper to close the public hearing before the site walk and that additional information had been requested which will still have to be reviewed while the public hearing is open. George Perna asked Christian Huntress if he could send a letter to the applicant listing all concerns which were raised this evening and prepare a draft set of conditions for both the Definitive Subdivision application and the Special Permit. Mr. Huntress responded that he could have the letter by the site walk on Saturday and a draft set of conditions by the next meeting scheduled for November 21, 199. A motion was made by Richard Nardella to continue both the public hearing for the Definitive Subdivision and Special Permit to the next regularly scheduled meeting of November 21,1991 and direct staff to draft a letter to the applicant listing all concerns raised. The motion was seconded by John Simons and voted unanimously by those present. On November 21, 1991 the Planning Board continued the public hearing on Phillips Common Defmitive Subdivision and Special Permit, PRD. The following members were present: George Perna, Chairman, John Simons, Clerk,John Draper,Joseph Mahoney and Richard Nardella. Christian Huntress reminded the Board that this was a continued public hearing for both the Special permit(PRD,and the Definitive Subdivision applications presented,by Phillips Common Realty trust. George Perna spoke briefly on the issues discussed during the site walk of November 16, 199E Mr. Huntress then asked John Simons to read a letter, dated November 15, 1991 sent to the applicant listing all concerns raised at the last hearing. The letter listed 18 issues which the applicant was asked to address. The issues were a s follows: L A No-Cut Line shall be established along the back of all lots which abut Phillips Brook Road,Chickering Road,Osgood Street and the residential dwellings along the southern most boundary of the property. 2. The Planning Board considers Lot Y to be an integral part of the proposal, as such all development plans should show that parcel as part of the project. 3. Lot Y should be reconfigured so as to include the existing garage on the property of the Phillips Manse. it is my understanding that this may be accomplished while still retaining the 35%open space requirement of the North Andover Zoning Bylaw. . 4. The Planning Board is in receipt of your letter dated November 14, 1991 which offers the 5.5 acres of open space to the Town of North Andover. I have asked Town Counsel to review the liability issues involved with acceptance of this parcel as public land. 5. The Planning Board is encouraged by your efforts to cooperate with the North Andover Historical Society. Please present draft copies of any Preservation/Conservation Restrictions which are currently being negotiated. 6. Please prepare and present for staff review any necessary easements for roadway/utility conveyance and drainage,sewer or water line easements located on individual lots. All easements on individual lots must be recorded prior to endorsement of the record plans. 7. Please provide documentation to the Board of Health and the Planning Department that the existing Phillips Manse is currently tied into the sewer line located in Osgood Street. 8. Please provide an approximate schedule for construction in Massachusetts Avenue. This should include the sewer and drainage lines and all utilities which will require openings in the roadway for tie-ins. The Planning Board will place restrictions on the number of openings and length of time for construction within Massachusetts Avenue. 9. More screening should be provided along the rear of the lots which abut Massachusetts Avenue. The material used should be evergreen trees of the same type used in other areas on the property. 10. Details of all proposed lighting should be submitted for review. This includes lighting proposed at the entry. 11. The Planning Board considers "Lot Y"to be a 27th lot. With that in mind the Board is reviewing the details of the project and the PRD Bylaw to determine whether this is an appropriate calculation of allowed lots. 12. A site walk has been scheduled for 8;00 a.m., Saturday, November 16, 1991. Please have approximate locations of the roadway located on site for Planning Board inspection. The Division of Public Works has submitted a letter dated November 14, 1991. The Planning Board would like the applicant to address the following as listed in that letter: 13. In general the depth of sewer is not acceptable as designed. The sewer should be lowered to avoid conflicts in elevation between the water main and sewer services. 14. Provide a profile of the cross-country sewer to Massachusetts Avenue. 15. Calculations must be provided to determine the adequate sizing of water services to accommodate residential fire sprinklers. 16. Drainage manholes at station 3+84 and 11+60 may be eliminated and the drain pipe should be connected tot eh adjacent catch basins. Other drain manholes within the project should be located off pavement wherever possible. 17. Permits for connection to Town utilities will not be granted until a complete set of endorsed plans with up-to-date revisions is on file in the office of the Division of Public Works. 18. A Sewer System extension Permit from D.W.P.C. of the Mass. Department of Environmental Protection must be obtained prior to the issuance of a sewer extension permit by the North Andover Division of Public Works. The local permit, in accordance with N.A.D.P.W. policy, will require 2:1 mitigation of existing infiltration/inflow from the receiving system. The receiving system,known as the West Side Interceptor, has been determined to be over capacity due to infiltration/inflow. George Perna asked Mr. Thomas Laudani if he could respond to each concern individually. Mr.Laudani presented a written response and then proceeded to review each item with the Board. Mr. Laudani showed that items #1-3 had been changed on the plans. Mr. Huntress addressed item#4, taxes on the 5.5 acres would amount to approximately $324.06 per year, figured at the current tax rate. Also, the benefit to all properties surrounded by open space may prove to exceed that which is given up by accepting the property as a gift of land. On the issue of liability, Mr. Huntress stated that Town manager James Gordon had reviewed the Town's liability coverage and was comfortable with acceptance of this property by Town Meeting. Mr. Laudani and Mr. Stapinski then reviewed with the Board the property lines surrounding the Manse and to the rear of Lots 5 and 6. George Perna stated that the stone wall to the rear of Lot 5 and 6 should be relocated to coincide with the 200' Historic District line, this wall shall then become the rear property line of Lots 5 and 6. John Draper noted that if the dwelling on Lot 5 is changed to a style A or B then less impact will be seen or felt on the historic areas. Further,that the dwelling on Lot 4 should be shifted as close as possible to the lot line shared with Lot 3. George Perna then stated that he would feel comfortable in entertaining a motion to close both public hearings and have staff make the necessary changes to the draft approval. John Simons felt that it was too soon to close a public hearing for a Special permit PRD in such a sensitive area of Town, and that the Board should consider keeping this matter open for at least another hearing. Joseph Mahoney disagreed with John Simons and stated that if the issues have been thoroughly reviewed then the Board should not postpone action. The following motions were then made: A motion by Joseph Mahoney to close the public hearing of the Special Permit PRD application of Phillips Common Realty Trust. The motion was seconded by John Simons and voted unanimously by those present. A motion was made by John Draper to close the public hearing of the Definitive Subdivision application of Phillips Common. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by John Draper to approve the Special Permit,PRD application of Phillips Common Realty trust,dated October 24, 1991 for construction of 26 single family homes in accordance with the draft decision prepared by staff and amended by the Planning Board this evening. The motion was seconded by Joseph Mahoney. John Simons amended the motion,that Condition#4 of the Special Permit approval drafted by staff be removed from the final decision, and that Lot#6 be eliminated, allowing for a total of no more than 25 new dwellings. There was no second,the amendment to the motion then died and the Board was now to vote on the original motion made by Mr. Draper to approve the Special Permit PRD. The Board voted unanimously to approve the draft decision as amended. John Simons asked that the record minutes reflect his concern with the closing of the public hearing so quickly, and that he was of the opinion that no more than 25 single family dwellings be constructed on this site. Duly noted. A motion was made by John Draper to approve the Definitive Subdivision application of Phillips Common Realty trust, dated October 24, 1991 for construction of 26 single family homes in accordance with the draft decision prepared by staff and amended by the Planning Board this evening. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Attached are the conditions the Board approved. Sincerely, PLANNING BOARD 4o%rg ---P&erna,Jr., Chairman cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Conservation Commission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File PHILLIPS COMMON REALTY TRUST Special Permit, Planned Residential Development The Planning Board herein approves the Special Permit requested by Phillips Common Realty Trust, dated 10/24/91. The Planning Board makes the following findings regarding this Special Permit for a Planned Residential Development (PRD) as required by sections 8.5, 10.3 and 10.31 of the North Andover Zoning Bylaw: A. The specific site is an appropriate location for such use, structure or condition; B. The use as developed will not adversely affect the neighborhood; C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. E. The application before us 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 renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning Districts in which the parcel is located. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features; B. Encourage the preservationofopen space; C. Permit greater flexibility and more attractive, efficient, and economical design of residential developments; D. Facilitate economical and efficient provision of utilities; E. Meet the Towns housing needs by promoting a diversity of housing types. Finally, the Planning Board finds that the PRD complies with Town Bylaw requirements so long as the following additional conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the PRD as specified in this Special Permit application before us the Planning Board herein grants this approval provided the following conditions are met: 1. All Planning Board Order of Conditions are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 2. The applicant shall comply with all North Andover Department of Public Works Rules and Regulations. 3. Any action by a Town Board, Commission or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 4. As allowed through the Special Permit process, the Planning Board has discretion in all matters which relate to density and dimensional requirements in a Planned Residential Development (PRD) . In the conventional Subdivision plan presented as part of this application, 26 lots were shown in accordance with the R-3 zoning requirements. Due to the fact that the existing structure located on "lot Y" is of significant historical value, and that appropriate measures have been taken through preservation/conservation restrictions, the Planning Board has allowed the area of "lot Y" to be calculated as a portion of the required Open Space. The existing structure on "lot Y" is, at the discretion of the Planning Board, not considered an obstruction in the Open Space as defined by section 8.5 (6) D of the North Andover Zoning Bylaw. As such, the Planning Board herein allows the applicant to construct 26 additional dwellings on this site. Both "lot Y" and the existing Manse are part of the open space and both are subject to the preservation restriction which will limit the extent to which the owner of "lot Y" may alter or improve the property. 5. The applicant shall adhere to the following requirements of the Division of Public Works: A. In general the depth of sewer is not acceptable as designed. The sewer should be lowered to avoid conflicts in elevation between the water main and sewer services. B. Provide a profile of the cross-country sewer to Mass Ave. C. Calculations must be provided to determine the adequate sizing of water services to accommodate residential fire sprinklers. D. Drain manholes at station 3+84 and 11+6o may be eliminated and the drain pipe should be connected to the adjacent catch basins. other drain manholes within the project should be located off pavement wherever possible. E. Permits for connection to Town utilities will not be granted until a complete set of endorsed plans with up-to -date revisions is on file in the office of the Division of Public Works. F. A Sewer System Extension Permit from D.W.P.C. of the Mass. Department of Environmental Protection must be obtained prior to the issuance of a sewer extension permit by the North Andover Division of Public Works. The local permit, in accordance with N.A.D.P.W. policy, will require 2:1 mitigation of existing infiltration/inflow from the receiving system. The receiving system, known as the West Side Interceptor, has been determined to be over capacity due to infiltration/inflow. 6. The applicant shall adhere to the following requirements of the Fire Department: A. open burning is permitted by permit only after consultation with the Fire Department. B. Underground fuel storage will only be allowed in accordance with Town Bylaws and State Statute and only with the review and approval of the Fire department and Conservation Commission. C. Lot numbers are to be posted clearly during construction and permanent house numbers prior to occupancy. D. All structures shall be required to contain residential fire sprinklers systems in conformance with the North Andover Fire Department. 7. The applicant shall adhere to the following requirements of the Police Department: A. Adequate site distance shall be maintained at the exit of the project onto Massachusetts Avenue B. Appropriate signs shall be placed on Massachusetts avenue informing motorists of the intersection during the period of construction activity. C. A "STOP" sign shall be placed as the proposed roadway exits onto Massachusetts Avenue. 8. Prior to the Planning Board's Endorsement of the record plans: A. All sheets shall be revised to comply with the conditions listed herein. B. All easement documents shall be prepared and presented to the Planning Department, including roadway/utility conveyance, sewer/water, no-cut, .and drainage easements located either in the public R.O.W. , or on individual lots. All easements on individual lots must be recorded along with the recordp Tans. C. An approximate schedule for construction in Massachusetts Avenue shall be submitted to the Town Planner for review and approval. This should include the sewer and drainage lines and all utilities which will require openings in the roadway for tie-ins. The schedule shall be part of this decision. D. Copies of the final Preservation and Conservation restrictions for "lot Y" and the surrounding open space which is located within the Historic District shall be recorded with the North Essex Registry of Deeds E. Restrictive covenants shall be recorded to insure that the architectural style of the proposed structures shall be uniform in design. F. The Architectural Plans shall be revised so as to list all construction material associated with each house construction. ( I.E. roof material, siding, windows, etc. . ) G. Construction details of the sidewalks within the R.O.W. , and driveways to the individual dwellings be included on the record plans. These details should list material to be used in construction of each. H. A detailed planting list shall be prepared listing specific material to be used. This list shall further indicate quantity and size of all proposed material. I. The existing stone wall, located to the rear of lots 5 and 6, shall be shown to be relocated to the 200' Historic District Line as shown on the North Andover Zoning Map, revised March 15, 1991. This stone wall boundary shall then become the rear property line for lots 5 & 6. The plans shall be so revised prior to endorsement and filing with the North Essex Registry of Deeds. 9. Prior to a Building Permit being issued for any structure: A. Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, and other pertinent public amenities. These bonds shall be in the fors of a Tri-Party Agreement or a Passbook. B. A separate bond, in an amount to be determined by the Planning Board, shall also be posted to ensure completion of all site screening. This bond shall be in the form of a bank passbook in terms deemed appropriate by the Town Treasurer. (See condition # 22) C. All appropriate erosion control measures shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. D. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. E. Proof of recorded easements on all individual lots, as noted in condition # 8 (B) , shall be provided to the Planning Board. F. The lot in question shall be staked in the field to show the location of the proposed dwelling and the limit of clearing associated with construction. The Town Planner shall verify this information in the field prior to the issuance of a Building Permit. G. The stone wall located to the rear of lots 5 & 6 shall be relocated as stated in condition # 8 (I) , prior to either of these two lots receiving a Building Permit. No tree cutting shall be allowed in the relocation of this stone wall. Relocation shall be verified in the field by the Town Planner 10. Prior to a Certificate of Occupancy being issued for any structure: A. The site shall have received all necessary permits and approvals from the North Andover Board of Health. B. The site shall be reviewed by the Planning Board. Any additional screening as may be reasonably required by the Planning Board shall be added at the applicants expense. A percentage of the bond required in condition # 9 (B) shall be retained specifically for this purpose. C. All disturbed areas on the lot in question shall be suitably stabilized. D. All site amenities associated with the lot in question shall be installed. (I.B. fences, stone walls, street lights, landscaping, walkways and drives.) il. A No-Cut Line shall be established along the back of all lots which abut Phillips Brook Road, Chickering Road, Osgood Street and the residential dwellings along the southern most boundary of the property. 12. The Planning Board is in receipt of the letter from Phillips Common Realty Trust, dated November 14 1991 which offers the 5.5 +/- acres of open space to the Town of North Andover. The Board has reviewed the liability and taxation issues associated with acceptance of a grant of land and will recommend to the North Andover Selectmen and Town Meeting that this grant of land be accepted. The timing of such acceptance should be made to coincide with acceptance of the road as a public way. 13. All lighting within the site shall be as proposed and shown on the record plans. Any lighting found at the entry shall be temporary, and will be removed prior to Town Meeting accepting the road as a public way. The entry lights shall further be reviewed annually from the date of this approval. Should the Planning Board feel that the entry lights may be removed without hindering the marketability of the individual houses, then the developer shall do so immediately. 14. There shall be no burying or dumping of construction material on the site. 15. Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw. 16. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 17. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 18. An as-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond money. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. 19. Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Town Planner when tree cutting is to occur. 20. The position of houses on lots 4 & 5 shall be shifted so as to pull all construction further away from the open space adjacent to Osgood Street. Specifically, the structure on lot 4 shall be brought to a 06 side yard set back on its shared property line with lot 3. Further the type of dwelling proposed on lot 5 shall be of the style A or B as shown on the architectural plans prepared by Woodman Associates, included in the record plans listed in condition Number 27. This again, is to accomplish preservation of the open spaces which abuts Osgood street. 21. Within three (3) months of the initiation of construction for the foundations of lots 1,8,9,10,11,12,13,14,15 and 16, the screening associated with each lot shall be planted in the appropriate planting season. The screening shall be as approved in the final plans and verified by the Town Planner prior to planting. 22. Any Plants, Trees or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that the within one year from time of planting shall be replaced by the applicant. Ten percent (10%) of the Planting Bond required in condition # 9(B) shall be held to insure this condition. 23. All construction shall commence within two (2) years from the date of this approval and shall be completed within five (5) years from the date of this approval. 24. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 25. The Board considers this roadway to meet the definition of a Minor Street as found in the Rules and Regulations Governing the Subdivision of Land, Revised 1989. The applicant will be required to conform to all specifications for Minor Roadway construction. 26. This project shall respect the provisions of Section 4.2 of the North Andover Zoning Bylaw. (Phased Development) 27. The following information shall be considered as part of this decision: Plans entitled: Special Permit and Definitive subdivision Plan. PHILLIPS COMMON North Andover, MASS. Dated: October 10, 1991, Final Revision 11/18/91 Scale: l" = 40' Sheets: One through Six, (1-6) Prepared By: Merrimack Engineering Services 66 Park Street Andover, Massachusetts 01810 Plans entitled: Phillips Common, Site Plan Dated: October 23, 1991, Final Revision 11/19/91 Scale: 1" = 401 , (one sheet) BY Prepared Woodman Associates 20 Inn Street Newburyport, MA 01950 Booklet: Phillips Common Prepared by: Woodman Associates 20 Inn Street Newburyport, MA 01950 included: Site Plan, Entry Plan, Typical Lot Landscape Plan, Roadway Perspective. Floor Plans: Home A, 1920 sq.ft. Home B, 1998 sq.ft. Home C, 1918 sq.ft. Home D. 1940 sq.ft. Booklet: Environmental Impact Summary Erosion Control Summary Project Schedule Drainage Analysis Prepared By: Merrimack Engineering Services 66 Park Street Andover, Massachusetts 01810 Dated: October 11, 1991 cc: Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessors Applicant Engineer File Notice to APPLICANT/TOWN CLW and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: —Pbi 11 inr Common /moi-I.�.�1� ��• 1 By: Merrimack Engineering dated October 10, 19 41 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. 419 S. 81f4. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of. Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: co c x 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. * ear * * * * * * * a * * e * * iEee * +► * * e * * +� eea * * * :r * * * The North Andover Planing Board has DISAPPROVED said plan, for the following reasons: �Nodember 21, 1991 George .PP , Jr. Cnair n Date. By. r FORM C ID L 1- K T(1Vi UDV�� APPLICATION FOR APPROVAL OF DEP'INIRIVE PLAN %01,1 33 /a 2a 19e To the Planning Board of the Town of North Andover: The underaigned, being the applicant as defined under Chapter 419 Section 81-Lq for approval of a proposed subdivision shown an a plan entitled 'v".voAl by dated /O-/O - g/ being land bounded as follows: ��w�s Siz cC, ,fid FR Zf hereby submits said plan as a�DEnXITIVE 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 e/2 Page 2SL ; or Certificate of Title No. .9 Registration Book..p pap.1 or Other: Said plan has( ) has not(�evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) ( ) disapproved ( u '-- 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 Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plat by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall,be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Torras Clerk: ✓�/`<G'RF Date: Signa of Applicant Time: Signature: Address PHILLIPS CC1KKON REALTY TRUST DEFINITIVE SUBDIVISION CONDITIONAL APPROVAL. (1) There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification to the Department of Public Works by a Certified Professional Engineer shall be required prior to the issuance of a certificate of occupancy. (2) All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any lot release. (3) An as-built plan and profile shall be submitted for review and approval. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. (4) 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. (5) All lots shall have received all necessary permits and approvals from the North Andover Board of Health and Conservation Commission. (6) All catch basins shall be protected with hay bales to prevent siltation into the drain lines during road construction. (7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. (8) No underground fuel storage shall be installed except as may be required by Town Regulations. c (9) Lot numbers shall be posted prior to any lot receiving a permit to build (10) Permanent house numbers will be posted on dwellings prior to occupancy. (11) All lots shall have residential fire sprinklers installed prior to the issuance of the Certificate of occupancy, per order NAM (12) Prior to construction, a stop sign shall be placed at the intersection of Massachusetts Avenue and the proposed access road. Per order N.A.P.D. (13) The applicant shall construct a sidewalk along the frontage of Massachusetts Avenue to the intersection of Mass. Ave. and Chickering Road. Reference plan entitled Special Permit and Definitive Subdivision Plan, Phillins , NO � Andover. Mass. , Owner and Developer: Phillips Common Realty Trus . Prepared By: Merrimack Engineering Services, Dated: 10/10/91, revised 11/18/91. Sheet 3 of 6. Further reference memorandum from Town Manager, James P. Gordon, Dated 11/5/91, included in the file and considered as part of this decision. (14) The Board considers this roadway to meet the definition of a Minor Street as found in the Rules and Reaulations Governing the Subdivision of Land, Revised 1989. The applicant will be required to conform to all specifications for Minor Roadway construction. (15) Prior to any lots being released, Bonds shall be posted to ensure construction and/or completion of roadways and other pertinent public amenities. These bonds shall be in an amount as determined by the Planning Board and shall be in the form of a Tri-Party Agreement, or Pass Book. (16) This Definitive Subdivision approval is based upon a Special Permit granted in accordance with sections 8.5, 10.3 and 10.31 of the North Andover Zoning Bylaw, dated 11/21/91. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: Plans entitled: Special Permit and Definitive Subdivision Plan. PHILLIPS COMMON North Andover, MASS. Dated: October 10, 1991, Final Revision 11/18/91 Scale: 1" = 40' Sheets: One through Six, (1-6) Prepared By: Merrimack Engineering Services 66 Park Street Andover, Massachusetts 01810 Plans entitled: Phillips Common, Site Plan Dated: October 23, 1991, Final Revision 11/19/91 Scale: 1" = 401 , (one sheet) Prepared By: Woodman Associates 20 Inn Street Newburyport, MA 01950 Booklet: Phillips Common Prepared by: Woodman Associates 20 Inn Street Newburyport, MA 01950 included: Site Plan, Entry Plan, Typical Lot Landscape w 4 Plan, Roadway Perspective. Floor Plans: Home A, 1920 sq.ft. Home B, 1998 sq.ft. Home C, 1918 sq.ft. Home D, 1940 sq.ft. Booklet: Environmental Impact Summary Erosion Control Summary Project Schedule Drainage Analysis Prepared By: Merrimack Engineering Services 66 Park Street Andover, Massachusetts 01810 Dated: October 11, 1991 Any changes to the above referenced Special Permit or the record plans may be subject to Modification under Chapter 41 of the Massachusetts General Laws. cc: Director of Public Works Board of Public works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File