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Home My WebLink AboutBARKER, GEORGE by .Town Clerk : . FORMA NEC�.1`�EB D kIIIEL LOBG sown cavE� APPLICATION FOR ENDORSEMENT OF PLAN NOR," BELIEVED NOT TO REQUIRE APPROVAL ©y 23AM �9` 19 To the Planninq Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . Thee undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub - division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on ax:Px+N?eIXX*Md Xx 74,vlx,�K;�x xxottz a private way , namely , Hickory Hill Road being land bounded as fo11ows : see attached plan . 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Lots 16A and A-3-A have the minimum frontage requirements and vital access to both lots exist from said private way. Book 802 Page 1 3 . Title reference North Essex Deeds , Book 2653 Page 302 or Book -7731— Page 6 XX)bdx&-ixM&t:ExOfxxT:a&baxliMxxxxxxxxx-xx,xx'3A%i Rk;r*?tA aCk &lk Applicant ' s Signature : Owner ' s signature and address if not ie icant ; j (Print Name) Rpplicant ' s Address : Peter J. C ruso, Esq. (U/ One Elm Square , Andover, MA 01810 ( George R. Barker, Jr. 1267 Osgood Street (508) 475-6700 (forth Andover ,er el . 'No. J A f C t . r .',i• sa,�wJ :n w.� .j.r f<'1nt,?�' �1'.a•'der 4 e: AlNyct.��ItYG r-� �� .�';{ °. .', t,�.. r TOM f:Lf-Iil4 Recei ved by Town C1 erk : NORTH 1."i0OVER NOV Z4 ryf Notice to APPLICANT(TOWN CLERK of action of .Planning Board on accompanying plan : I . 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. Th e, Nor Andover nning Board s etermined at said plan shows s bdivis on , a defined by G . L c. 41 , s . 81 L . an must herefore a re-su mitte to it fo oval under the Sub , i ision ntrol Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By r Ll Ll 04 Date : 1 _ l '��-- II , � IL . f', Received by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL November 14, 19 88 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : } I. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , Barker Street and , Bradford Street being land bounded as follows : 'geginning at the drill hole point of the property line intersection of Barker Street and Bradford Street= proceed southwest 685.00' .along Barker Street: the northwest_ $6.861 • agrtheasi 357,121A southeast 313.34' and northeast 350.00' along prope'aty of Parcel 'A' • en northwest 808.01' along Bradford Street to the point -of beginning. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : The lots conform to the current zoning of residential R-1 by having at least: a) 1751 min* of street frontag2r b 2 a re i the continuoa b ilda 2e a e (CBA) of each lot is greater than 75% of the minimum lot size for this zoning district l 3. Title reference North Essex Deeds , Book 802 Page_ ; or { -- Certificate of Title No . N/A Registration Book N/A Page N/A Applicant ' s Signature : Owner's signature and address if not the applicant : App scan ' s Add Vis : y i2 �5 &wv:> Received .,by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN ��un• (r'�� - BELIEVED NOT TO REQUIRE APPROVAL November 14, 19 88 North Andover : Town of No To the Planning 'Board of the T The undersigned wishes to record the accompanying pian and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : I . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage - -- required by the NortjlwAndover Zoning By Law and is on a public way, namely , BarkAr-Offtreet and , Bradford Street being land bounded as follows : �r "Beginning at the dr-i-11olepoint of the property line intersection of Barker Street and Bradford Street; proceed southwest 685.00' along Barker Street the northwest 486.861 .-�, ortbe ct 357 121, southeast 313.34' and northeast 350.00' along propewty of Parcel 'A' •Condomin*LiiM -asqck"-iatiam,-,then _ northwest 808.01' along Bradford Street to the point of beginning. 2 . The division of land shown on the accompanying plan is not a sub- division1 the following reasons : The lots conform to the current zoning o re ential R-1 by having at least: a) 175' min, of scree t e b 2 a rg in ,- the tinnous ldable area o eh lot is greater than 75% of the minimum lot size for t i n strict. J3. Tithe reference North Essex Deeds , Baok 802 Page 1 or - Certificate of Title No . N/A Registration Book N/A, ' Page N/A Applicant ' s Signature : Owner ' s signature and address if not the applicant : Applican ' s Address : r 'Received by Town Clerk : T MY N0F` . ,IER � .c 5 9C3A 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 , r , and the appropriate endorsement has .been made upon the same. 2 . The"�h� ndover Planning Board has mined that said plan shows a subdivision , a �'!lned by G. L . c. 41 , -L and must therefore be re-submitted to r approval under Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOARD By , Date : i Receiaed by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN (e12 NOT TO REQUIRE APPROVAL November 14, 19 88 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it 'under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the Nortndover Zoning By Law and is on a public way , namely , Barker-.5' and , Bradford Street being land bounded as follows: Beginning at the jri3T` aole point of the property line intersection of Barker Street and Bradford Street; proceed southwest 685.00, al ooh Barker Street; the, northwest 486 86'�t northeast 357.'►_2' southeast 313.341 and northeast 350.004 along propexty of Parcel 'A' • en northwest 808.01' along Bradford Street to the point of beginning. 2 . The division of land shown on the accompanying plan is not a sub- division J,2rthe following reasons : The lots conform to the current zoning'o re ential R-1 by having at least: al 175' min, of stree t e• InI 2 a res min c the ontinuous buildable area o ch lot is greater than 7576 of the minimum lot size for � �r3n stri t. J3. Title reference North Essex Deeds , Book g02 Page 1 or - - Certificate of Title No . N/A Registration Book N/A Page N/A . Applicant ' s Signature : Owner ' s signature and address if not the applicant Applican s Address : 1 � 6 ',S(54 Xor> t Received by Town Clerk : TF, No - ,.,ER DEC 5 9 03 All � $ 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 , r and the appropriate endorsement has been made upon the same. 2 . The ndover Planning Board ham" minedthan said pian shows a subdivision , a ed by G. L . c . 41 , -L , and must therefore be re-submitted to r approval under Subdivision Control Law. Very truly yours, NORTH ANDOVER PLANNING BOARD By : i y 4 Date : /ary - ` I'I • I MUM MH I;EcF TOWN OI, NORTH ANDOVERVANIE L ! G A. SSA. CI[ USETTS TD:, r, ; M ; � MOR,T { ri�ei 10 dER 01� SEP 23 2 22 PM '88 My appeal shalt be filed 3A�HUSt Within (20)days offer the date of filing of this Notice NOTICE OF DECISION in tete Office of the Town Clerk. Date Segt9m .P.A .44 r . 1A8.$ .. . .. . . . Date of clearing SgPt9i*.er. .22.,- J 988 Petition of . .r4QQrgerZazker. . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . r . . . . .. . . . . . . . . Premises affected . . AzK�Vr. Atreet. . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the , . .North Andover .Zoning Bylaw, Sectiop, 8 s S��r�Fined. R� .irdeutial. . �q s Development) so as to permit .thy. �onstru tiorrt. of. .duP��xes,.and . riple,�{q�, , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . . .. . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally toRRx9Ye. . . . . . . .the . . . . . , S�ecial, Fermi „ . . . . . . . . . . . . . .. . . . . . . . . . . . .. . .. based upon the following conditions: cc: Director of Public Works Board of Public Works Signed Highway Surveyor Tree Warden Paul.A., .�c4t��xAlri,. .G1�a�rxaan. . Building Inspector Board of Health George Pernar. Vicq; � a�, . . . . . . . . . , . . .. j Conservation Commission Assessors John Simons, Clerk Police Chief, Fire Chief " .. ... Applicant, Engineer Erich}.]V, t.4SGI?e. .. . . . . .. . . . .. . . File, Interested Parties Michael Leary OFFIICES OF: �°' ` Town Of 120 main Street � RECEIVED North Andover,Fl>eAr s :�• NORTH ANDOVER DANIEL' L,��t6 Massachusetts 01845 BUILDINGNSFRed�cHus DIVISIONOF TDWN CL FRK (617)685-4775 HEALTH NORTH NORTH A� UWER HEALTH PLANNING PLANNING & COMMUNITY DEVf EPNAENT PT ie 22 PM '88 KAREN H.Y.NELSON, DIRECTOR September 23, 1988 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: Hickory Hill Estates Planned Residential Development, Special Permit under Section 8 .5 of the Zoning Bylaw Dear Mr. Long: The North Andover Planning Board held a public hearing on June 2 , 1988 in the Town Hall, Selectmen's Meeting Room, upon the application of George R. Barker, Jr. , 1267 Osgood Street, North Andover, MA. The hearing was duly advertised in the North Andover Citizen on May 12 and May 19, 1988 for the public hearing on May 26, 1988, but due to the lack of a quorum, the meeting was rescheduled for June 2, 1988. The following members were present: George Perna, Vice-Chairman; John Simons, Clerk;Erich Nitzsche, and Michael Leary. The Chairman, Paul Hedstrom arrived at 8: 15 p.m. John Simons read the legal notice to open the public hearing. Letters were received from the Eire Department and read. Staff Report from the Town Planner, Scott Stocking was also read, citing an incomplete filing. John Simons commented on the general concept of the proposed project and wanted the first such project to be done right. Scott Stocking recommended that the applicant withdraw the application because it was incomplete. Erich Nitzsche concurred that the plans should be complete upon submittal. Al Shaboo, Design Engineering, spoke stating that he felt the submittal was sufficient and that he could proceed. He also spoke on easements and drainage. Al Shaboo stated that he agreed with Scott on the fact that at the time of submittal all the plans were not presented, but he felt that at this time, since the initial filing, there was enough information in the file. John Simons asked Scott how many issues were left. Scott stated that after a Technical Review Committee Meeting he asked the applicant to withdraw the application. One of the issues was lack of sufficient time in notifying the abutters in that the list of abutters was submitted after the filing. i i George Barker spoke to the Board stating that before submitting a final plan and the Board refusing or not liking it, he thought that the Board should look at his presentation of what was submitted. Page 2: RECFAVED DAN►Ei " D I Paul Hedstrom went over a few of the things , ,, ,, 'ER, needed in this application: SEf Z3 2 22 FR '80 1 . Detailed Landscape Plan 2 . Agreement of utilities 3 . Open Space Document 4. Floor Plan and elevation Al Shaboo responded by citing those items that were addressed. The agreement for utilities and open Space Document are still in need. ,john Simons felt there was sufficient information to proceed. Paul Hedstrom suggested a sub-committee to work with the applicant to determine the real issues. Al Shaboo felt that the concept was that of the Boards wishes. George Barker stated that the parcel of land was not an easy parcel to work with being between the wetlands and the hill and that it would not be visible as that whic is located in Methuen on a hill . George Perna asked Scott for his recommendations, to move on or not. Scott stated that Al Shaboo and George Barker were proceeding in good faith submitting the information. George Perna stated that the Board will hear the application. Al Shaboo presented the Board with the following: 1. Total of 58 units - 23 duplexes - 4 triplexes 2. Located on 70 acres 3 . Private drive 4 . Municipal sewer and water 5. out of the watershed 6. 12 acres to de developed, 58 acres open space 7. Duplexes - 2,100 sq.ft. - triplexes - 1, 800 sq.ft. The Board wanted to see the conventional plan along with this plan. There are three Form A Lots at the corner of the property possessing eleven acres. The Form A Lots are for the Barker Family and will be shown on the definitive plan as three lots. Erich Nitzsche asked if the applicant was going to provide public access to the Mazurenko Property. Al Shaboo said no because of the liability to the owner. Erich stated that if the road ever became a public way there should be available, access to the property owned by the Town of North Andover. John Simons commented on the possibility of passive public access. George Barker stated that a portion of this land would have to have an agricultural easement so he could farm his land. Chuck Kolbenson, 290 Barker Street, commented on the following concerns: 1. Wetlands being contaminated 2. Effect on school systems 3. Steep grades 4. Up grading Barker Street Page 3: RECEIVED 5. Questioned lots being buildable DANIEL LONG 6, What benefit it would have to the neighbo 41411OVI R 7 . Agricultural issues 1fT�i- NO Paul Hedstrom asked the abutter if he knew JuAJ 29MI8 Bylaw was. Paul further stated that as an abutter he has no right to ask what benefit he gets from such a development. Paul stated the owners have a right to develop their land and at this point the Board has not acted on any of the issues. Phil Arrigo, an abutter, expressed concerns on the road location at the bottom of the hill. John Simons stated that the Board always looks at sight distance. Naomie Gunler, Andover resident, expressed concerns about lack of affordable housing in the Merrimack Valley area and wanted to know the time factor involved. Scott Stocking, Town Planner, stated that the applicant had to get a site letter from the Massachusetts Housing Authority, to do that, a complete package would have to be submitted. He stated that only a small portion would have been affordable units and the time involved would cost the owner a great deal. George Chory, Bradford Street, stated that he like the development but the issue of the traffic and the speed of the vehicles concerned him. Paul Hedstrom stated that the Board would have to make the determination whether Barker Street could support the traffic as to sufficient width and grade. MOTION: By Paul Hedstrom to take the matter under advisement and continue the public hearing and set up a sub-committee of John Simons and Paul Hedstrom. SECOND: Erich Nitzsche VOTE: Unanimous of those present. On August 4, 1988, the North Andover Planning Board held a meeting. The following members were present: George Perna, Vice-Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary. John Simons read letters from D.P.W. , Conservation Commission and Scott Stocking, Town Planner, letter to Town Counsel. Al Shaboo, Design Engineering, spoke stating the following: 1 . 20ft. easement - Barker Street 2. 2 less units (56 units) 3 . 2 detention areas 4 . looped watermain eventually connecting to Old Farm Road Al Shaboo wants to use PVC piping rather than concrete. Erich Nitzsche cited 10 years down the road and residnets wanting the road a public way and not being up to D.P.W. standards. Page 4: RECEIVED DANIEL LONG John Simons had an issue with the watermain. S4*9,CEWWciak would like to run the watermain through Town prope eWftfinot understand why not. Sir 23 2 2.2 PN `88 Jack Lindon, Conservation Commission, stated that any use of the land other than conservation has to be voted for the State Legistrature. He did not feel it was a dead issue with Conservation, they were responding thinking it was a sewer, not a watermain. Al Shaboo stated that the houses will be Colonial type and all garages are under, not attached. Attorney Peter Caurso, representing Mr. Barker was present and spoke on legal issues citing the easements and that public access would mean anyone in the State could have public access. Al Shaboo cited liability issues to the owner if public access. John Simons wanted adequate screening to adjacent property. George Perna questioned the farming ability with the tenants. Attorney Caruso stated that only Mr. Barker would be farming. George Barker expressed concern with the length of time for approving a Planned Residential Development. Attorney Caruso wanted the Board to approve subject to Town Counsel ' s reviewing the documents. MOTION: By John Simons to close the public hearing and take the matter under advisement and direct the Town Planner to send a letter to Town Counsel and draft a decision for August 18, 1988. SECONDED: Erich Nitzsche Michael Leary did not feel comfortable closing the public hearing. Scott Stocking stated that he was not comfortable drafting a decision by August 18, 1988 . John Simons stated that he would help draft the decision. The Board voted 3 to 1 to close the public hearing. Michael Leary oppoed the closing of the hearing. George Barker strongly insisted that the Board close the public hearing. For that reason the Board voted to do so. On August 18, 1988 the Planning Board held a meeting. The following members were present: George Perna, Give-Chairman; John SImons, Clerk; Erich Nitzsche and Michael Leary. Chairman, Paul Hedstrom arrived at 8: 40 p.m. i Scott Stocking, Town Planner has spoken to Town Counsel. i Following a lengthy discussion on legal issues, language in documents, ownership, easements and open space, John Simons made a motion to accept an extension until September 15, 1988, to address all the concerns. Michael Leary seconded the motion. The Board voted unanimously. Page 5 : �i . l6N g %T; R On September 13, 1988 the Planning Board hfiaAmeeti The following members were present: Paul Heds o C Tph George Perna, Vice-Chairman; Erich Nitzsche a XC 'Leary. j John Simons , Clerk, arrived at 8:15 p.m. A motion b r y George Perna to accept an extension until September 24, 1988 for a decision was made and seconded by Michael Leary and voted unanimously by the Board. On September 22, 1988 the Planning Board held a meeting with the following members present: Paul Hedstrom, Chairman; George Perna, Vice-Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary. A brief dicussion. was held. The draft decision was amended by adding what the easements is designated by and an easement to be shown on the plans for the connection of utilities to Land owned by the Carter's. MOTION: By John Simons to approve the draft decision subject to adding the amendments. SECOND: Erich Nitzsche VOTE: Unanimous Sincerely, NORTH ANDOVER PLANNING BOARD /00y'a Q . ,4�ed Paul Hedstrom, Chairman cc: Director of Public Works Board of Public Works Highway Surveyor Tree Warden Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File Interested Parties � d Res-1 i DevsloPmeot RECEIVED itional �c�roval DANIEL UNG TOWN ~^^° R ThP Planning P,-lard �akes the following findings rega�� ~ ~ � ^ �Hls� | applicatiir a Special Permit as required under i�� d | 1�. l of t�e Zcning Bylaw. 0(F11 ^� �� | A. The ific site is an appropriate location for such a use, � sLru�ture, or condition; 8 . Thie_� use as developed and conditioned in this decision will not ` affect the surrounding neighborhood ; C~ The�e will be no nuisance or serious hazard to vehicles or r i pe t desa n s, D. Ad _-uate and appropriate facilities will be provided for the �ro�er operation of the proposed use; �. The 5pecial Permit application before us is in harmony with the gensral purpose and intent of this Bylaw. [he P1anni�� Board also makes the findings under Section 8.5 of the Zonin-J that this PRD is in harmony with the general purpose and intent zf the Bylaw and that the PRD contains residential development and oren space in a variety to be sufficiently advantageous to the Town sr,d pro:r- "ss the public health ' safety and general welfare of the citizen ot' the Town of North Andover which renders it appropriate to depai-t 4roIn the requirements of this bylaw otherwise applicable to the Zoning Districts in which the parcel is locat*ed . In particular , the Planning Baard finds that this project will : A. u.omote the more efficient use of land in harmony with its �atural features; B . Eicourage the preservation of open space; C. Protect waterbodies and supplies , .wetlands flood plains, agricultural lands, wildlife, and other natural resources including maintaining the quality of water contained in Lake Cochickewick . D. Permit greater flexibility and more attractive� efficient , and economical design of residential developments; E. Facilitate economical and efficient provision Of utilities', Meet the Town ' s housing needs by promoting a diversity of � housing types. � « ` � ~ Board re��/�reme�ts ',� �c�g as the fo� 1zw�c� sdditz�nal ��ions �re com� l /e� with . T�er�fu` � , �n zrd�r to ful !Y y w� t als recm��ar7 � c constr�ct the + ac � lity as s�ec� fied in th� � Emlt before us t�e Plannin� �oer ± hereb� �r�nts s s��cia� provided ��`e �allzy� n� condi � inns are me� � SEP 23 2 22 F000 � fallowing informat1on and do�uments t�2 to the Planning 8oarc prior to the 8oard signing 'IE:, � p ' ans in order to file this special permit with the Registry of Dec�s 3ffice; l . A perpetual conservation restriction easement for the roquired open space under this special permit shall be s�pplied to the Board which meets the requirements of M .G.L. [hapter 184 , Section 31 as required by Section 8~5 of the Zoning Bylaw. In particular ` the perpetual conservation restriction shall contain the following elements : a. The parcel shall be divided into three separate easement areas , and each such area shall be referenced by each of the easements documents. The three easement areas shall accomplish the following : l . > allow for continued agricultural activity; 2. } allow for common open space controlled and maintained by the condominium association consisting of the residents of the Hickory Hill Development ; and 3- > provide for conservation of the area designated for open space ONLY . b . The following plan shall be utilized for this condition: A Definitive Plan of land for a Planned / Residential Development to be know as Hickory Hill Estates� prepared by Scott Giles , dated 5/16/88, revised 7/26/8B and 8/2/8B, Sheet 4 of 18~ The parcels shown on this plan shall function as follows : the l b I . ) Parcel "A'^ shown on � plan cited above which c a contains 4()"46 acres shall allow agricultural uses in addition to the rights outlined in 1 (c ) ; 2. ) Parcel "B" shown on the plan cited above which contains 22.68 acres shall allow for the maintenance and continued existance of common open space for the condomimium association of Hickory Hill Estates; 2. ) Parcels ''C" and "D" shown on the plan cited above ' which contain 6.61 acres and 9. 16 acres respectively, shall allow conservation and recreational uses ONLY as outlined in 1 (c ) , �� f t"t;* �' + cR� .. pard. . . HPy. t-u-c,, abo`v'E -=>.`:3 be ruc:;turnr? ars +=,C": ow>: FOWI� LLf.Rt M3RTH ANDOVER Parce: "A" shall be eeded to the Hickory Hill Cstates Cenda¢13um?"t�4�ion, which shall acquire suc arce subject to the plan easement rights hereinabove described . The rights granted to the Town of North Andover Conservation Commission by means of a Conservation Restriction Easement shall include the following : to forbid or limit any or all : a. ) construction or placing of buildings, roads, signs, billboards, or other advertising , utilities or other structures on or above the ground; b . ) dumping or placing of soil or other substance or material as landfill , or dumping or placing of trash , waste or unsightly or offensive materials; c . ) removal or destruction of trees , shrubs or other vegetation; d . ) excavation, dredging or removal of loam, peat , gravel , soil , rock or other mineral substance in such manner as to affect the surface; e . ) surface use except for agricultural , farming, forest or "outdoor recreational purposes" or purposes permitting the land or water area to remain predominantly in its natural condition; f . ) activities detrimental to drainage, flood control , water conservation, erosion or soil conservation; or g . ) other acts or uses detrimental to such retention of land or water areas. ii . Parcel "B" shall be deeded to the Hickory Hill Estates Condominium Association who shall retain all rights of ownership with the exception of the access easement granted to the Town of North Andover to allow public access to the Mazurenk:o Farm Site. This easement shall be clearly shown and labelled on the site plans before us. �I Parcels and "D" sh.ali beto the Hickory Hill Estates Cor,domir0 %o the n who shall retain all rights of 1AURKincluding the right of access_ with thtJORTKON56y" of the following rights granted to the Town of North Andover by means of the CjMjjve �triction Easement which shall include the llowing rights : to forbid or limit any or all : a . ) construction or placing of buildings, roads, signs , billboards , or other advertising, utilities or other structures on or above the ground ; b . % dumping or placing of soil or other substance or material as landfill , or dumping or placing of trash , waste or unsightly or offensive materials; c . ) removal or destruction of trees , srub=_ or other vegetation; d . ) excavation, dredging or removal of loam, peat , gravel , soil , rocs: or other mineral substance in such manner as to affect the surface: e. ) surface use except for agricultural , farming , forest or outdoor recreational purposes or purposes permitting the land or water area to remain predominantly in its natural condition; f. ) activities detrimental to drainage, flood control , water conservation , erosion or soil conservation; or g. ) other acts or uses detrimental to such retention of land or water areas. d . The language contained in Section 1 (c ) shall be placed in its entirety upon the plan cited in this condition and filed with the Registry of Deeds Office. P . The language contained in the Conservation Restriction Easement shall incorporate the language contained in Section 1 (c ) in determining the rights of ownership of the parcels of land described in this decision. 2 . T`, a final documents needed to accomplish Condition #1 cited anove shall be submitted to the Planning Hoard and Town ;_ insel in order to determine if the documents are properly ::constructed , and adhere to the items listed in Condition #i . ?. " he Conservation Restriction Easement shall be perpetual . 4 . ' 1e easement shall be entitled a "Conservation Restriction ment :'i, Fhe easement shall be approved by the State Secretary of - rivironmental Affairs. Upon his approval his signature =. ;all be placed upon the document . Failure of the State 5ucretary of Environmental Affairs to approve the easement s -,all null and void portions of this decision dealing with ti;e Conservation Restriction Easement and necessitate the- applicant hepplicant to refile this application as a Special Permit in in der to correct any and all matters dealing with the 1-fi,ciency in any easement , condition or agreement Pertaining to the Conservation Restriction Easement called ':-r in this decision. ^ ° 6 . , �e a�zl �c�nt s�ail adhere and fil� the documents re�u�red � Chapter �844 Sect �on 33 ' notifying the Registry of � R — �A ^ Idw, t�at c�rtaio tracts of land have been � ~ � � � �z ed ' y a [m*servat / on Restriction Easement . ,"~n` /naquV9ER S7�� r ra e of the Conse�vattc� Restriction Easement shall EP Z3 t�� iFMth Andover Conservation Commission; a signature �lock /evidencing their approval shall be contained within document . order to meet the Boards goal, of minimizing site � diaruption , vzsual impact of the project and soil erosion on hilly site, a no cut line shall be placed upon the site � lans . *. An easement shall be granted to the Town to provide public acce�s to the Razureoko Farm . The easement shall be 10 ^ and indicated on the plan with the following language: access easement granted to the Town of North An�7over to allow for access to public lands located at the �a�:orenku Farm . » Nide buffer area shall be provided from the perimeter uf the pai cel line which contains the condominiums (Parcel as required by SectLon 8,5, 6( d ) No pavement , cutting , :r grading shall be allowed in this buffer area. 1l , The landscape plan submitted shall be amended to show a tree 3 � /2" in diameter at least 4 ' high at the time of planting , p �aced along every 50 ` of roadway shown on the plans before us. In addition, a detailed landscape plan for planting �aterials to be supplied adjacent to the housing units shall be presented and approved by the Board . The Board e�ocourages the utilization of existing vegetation when possiblp in order to meet the requirements of this condition. 12 A 20 ' wide sewer and water easement to allow the extension z� these services to the Land of Carter shall be shown on . �-e plan in accordance with the requirements of the Division of Public Works, � � � ^ ^ ^ ° following c�nditions shall be filed with the s � Sff�cTOWN CLEO e ; ~-� � DAWEL LONG � � - Raadway and crive-way shall not exceed 101% . ard - ll al �ou these steep grades in order to minimizet�� im��N00� ion of the e: 1sting contours of the land . �� ' 2 . The �p�licant shall adhere to Section 4.2 (Phase Development ) of the Zoning Bylaw . cutting shall be allowed within the areas indicated on the as tree preservation areas. The following language sh�l � be placed upon the plan as part of this condition: "NO tree cutting , curbing , clearing , grading or disruption of unders�ory vegetation shall be allowed beyond the no cut line indicateo on this plan. " 4 . 0-�-�v action by a Town Board , Commission or Department which requires changes in the roadway alignment , placement or any ease�snts or utilities, drainage facilities, or change in the grsd �n� and no cut line , shall be resubmitted to the Board for r�v�ea �-inder a Special Permit Application under Section 8 ~5. The Bcard shall be limited to the items advertised for discassion under the amended plan submitted as a Special Permit ApI tioo. � . The aoPlicant shall adhere to the following requirements of the rire Deparcment : � a ^ Jpcn burning is permitted by permit only after consultation -ith the Fire Deaprtment . b . U�derground fuel storage will only be allowed in accordance with Town Bylaws and State Statue and only with the review a�t approval by the Fire Department and Conservation [o�mission. c . Lct numbers are to be posted clearly during construction and --rmanent lot numbers before occupancy . development shall contain residential sprinklers system 1.1-, conformance with the North Andover Fire Department . � . The ��p1icant shall adhere to the following requirements of the PoDep artmeht : � . ;�df--q�ate site distance shall be maintained at the exit of tM:? Droject onto Barker Street . � b ' signs shall be placed on Barker Street informing � motorists of the intersection. C . �- top sign shall be placed at the exit to the roadway onto � 8arker Street . | | _ ^ ^ 7 T�e' e `�hali be nn burfing or d�m� �ng nf corstruction material nn ALso , there shall be no burying or tree stumps in the yatershed District . RECEIVED lIt3ng for this project shall not caM � to adj-acent pro�erties . TOW CLLR � NORTH ANOOVER � 9The pu� � Ic access easement shown on theh quately marked w�th wood pole� s�arting at its 8a��[e�xS�r��e��rance wit�` po ] es every 500 ' thereafter . The poles shall be 4 ' high an� contain directions and the following language: "po�l �c access to Mazurenko Farm, Town of North Andover" or oth�r nams or language to be determined by the NACC . T�e o�r�ose of this cu�idition is to notify the citizens of the com��si �y the e;!istance of the access easement and help guide the � r -ourney to Mazurenko Farm through the project . 1o . �ry ��gna�e utilized for this project must obtain a building and adhere to Town B/laws . ll . Clear� nq to allow adequate sight lines at the entrance to this pro ��ct located on Barker Street shall conform to the requ� rements of the D.P.W. rhc al siting oF any structure, roadway, drtveway �nd rel�ted imprnve�Tents shall be submitted to the Town prior to any �uzld ��g permit , or site improvements are undertaken . The Board ,_ lace- this condition on the application before us, in order to �rryioe a degree of flexibility to the final on-site �onstruction of the project and to allow Town Staff the ability to de�ermine if the final development plan adheres to Town B�laws or requirements and to the purposes, intent and technical requ�rements of this application before us. Any issue which To*n 6taff feels is in violation of this decision and �p�rnoriate Town Bylaws or Repulation�' shall be submitted to thie Goard for clarification and definitive ruling . 13 . The apoiicant shall provide a water connection to French Farm Vi � la�e Subdivision in accordance with the standards of the The applicant shall provide signed easements including those -1rom abutting property owners. The easements and water =haLl be constructed prior to any issuance of a Certificate � of Occupancy for any structure built under this special permit . 14. Frio.- to the sale or development of the project , the applicant she " l adhere to the requirements of M.G.L. Chapter 61A. THE, � ]ans and documents shall be considered part of this �ecision� plans pr�pars� by Design Engineering , entitled "Hickory Hill Estates a Defimitive —ned Residential Development , dated April 29 , 1998 with � t�e follo^irevision dates: May 16, l988, July 26, 1988, August 2 , 1938' August 29, 1988 . Sheets l thru 18 irclusive. Phase development plan for �ro'iect dated September 19, 1988 prepared by Design En�imeer� ng ~ �-nv elopment statement dated August 2, 198B , prepared by Design Enginee r1cC . , | ` | �- •i Notice to APPLICANT/TOWN CLERK and Certification of Action of Plamr*g'Board' on Definitive Subdivision Plan entitled: .Ft „ Definitive Cluster Subdivision of Hickory Hill Estates 1'tA ByS Design Engineering/Scott L. Giles RLS dated March 11, 199 PR I19 1F !F iF �F iF dF The North Andover Planning Board has voted to APPROVE said plan, subject to the fallowing 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. 41, S. $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 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. q. Other conditions: SEE ATTACHED 14 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. * � � � e * wew � e >Fw * x * * ewe * e * * �reew * �r � � e * erre * 'I NTH PLA 6eosge D. erma, Jr Dates March 28, 1991 __ __ By. FORM C APPLICATION FM APPROVAL OP mIHITIVB PLAN To the Pl.aandng Board of the Town of Horth Andovers The undersigned, being the applicant as defined under Chapter 419 Section 81-L# for approval of a proposed subdivision aho m on a plan entitled P G i c.4 by _'D!-;4i hi �Qim yuuG,/Gc...� zr. r "G,L-e-s.gug I dated MasacM Ii. IQQI . being land bounded as follows: PA a c g c. 11R11 .....a K s x ,W r� RQGISTSR'V of Cns t.Ns3,alrH Z `DiAd.. Vt x,15 hereby submits plana as a plan► in accordancet the Ms and Regulations of the Horth Andover Planning Board and makes application to the Board for approval of said plan. i Title References Horth Essex Deeds, Book 80 2# Page I ; or Certificate of Title Ho. I Registration Book t page.; or Others I �q Said plan has(X) has not( ) evolved from a pse7.�miss plan submitted to the Board of zo 19 9.j .. and approved (with modifications) (X) disapproved ( on m&gw , 19 �. The undersigned hereby applies for the approval of said DBFINr= 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 DSFIHITM plan by the Boards 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 DEFINMVE plan, profiles and cross f sections a the same. Said plan, profiles, cross sections and construction specifications are spacifically, 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# m acutors, 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 Tanta Clerk: R Dates f Applicant GQosarc R.'t3�Rxst2 Times �-7 Signatures NaB,-u A ratmyg;,�, . MA a�yrs Address r HICKORY HILL 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. (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 j prior to the issuance of the Certificate of Occupancy, per order NAFD. v (12) Prior to construction, a stop sign shall be placed at the intersection of Barker Street and the proposed access road. Per order N.A.P.D. (13) This Definitive Subdivision approval is based upon a Specialecial Permit Modification granted under section 8.5 of the North Andover Zoning Bylaw, dated March 11, 1991. The Special Permit Modification is based upon the following plans: Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS HICKORY HILL ESTATES - P.R.D. (APPROVED) NORTH ANDOVER, MASSACHUSETTS 01845 Dated: FEBRUARY 1, 1991 Revised: FEBRUARY 25, 1991 Prepared By: DESIGN ENGINEERING P.O. BOX 516 NORTH ANDOVER, MA. 01845 TELE. (508) 683-3893 Client: GEORGE R. BARKER JR. 1267 OSGOOD STREET NORTH ANDOVER, MA. 01845 Sheets: ONE THROUGH FIVE (1 - 5) Any changes to the above referenced Special Permit Modification or the record plans may be subject to Modification under Chapter 41 of the Massachusetts General Laws. (14) The following plans shall be deemed as part of this decision: Plans entitled: DEFINITIVE CLUSTER SUBDIVISION OF HICKORY HILL ESTATES - P.R.D. MODIFIED. Drawn for: GEORGE R. BARKER, JR. 1267 OSGOOD STREET NORTH ANDOVER, MA. 01845 Dated: MARCH 11, 1991 Prepared by: DESIGN ENGINEERING P.O. BOX 516 NORTH ANDOVER, MA 10845 SCOTT L. GILES, R.L.S. 50 DEER MEADOW ROAD NORTH ANDOVER, MA. 01845 cc: Director of Public Works Board of Public works t Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File i p0 1 : SFR FORK B 13 #I Zg x ! 187 APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN March 13 ,, 19___,,, To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—Lo for approval of a proposed subdivision shorn on a plan entitled Hickory Hill Estates By John Callahan Assoc. & Design Engineers dated March 12 t 19 87 7fssociare's being land bounded as follows: Northerly by Barker St. , easterly by other land of George R. Barker, Jr., southerly by land of Nellie Mazurenko and land of the Town of North Andover, and westerly by land of the French Farm Development and the Yellow. Maize CorRorati on Development. 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 802 Page 1&2 ; or Certificate of Title No,.t Registration Book , Pagew,,,_; or Others Ap cant'st Received by Town Clerk: !41Z'�,,/George R. Barker, Jr. Date: Ap01ant's address 1267 Osgood Street Time: North Andover, MA 01845 Signature: Owner's signature and address if not the applicant: I Notice to APPLICANT/TOWN CLUX of Action of Planning Board on Preliminary Subdivision Plan entitled: By: dated 1. The North Andover Planning Board has tentatively approved said plan, with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plans for the following reasons: I 3. The North Andover Planning Board has tentatively approved said plan, subject to the following modifications thereof: I Very truly yourst MRTH ANDOM PLANNING BOARD By Date: List of Abutters to proposed Hickory Hill Subdivision, N. Andover. George R. Barker, Jr. 1267 Osgood Street No. Anodver, MA 01845 Town of North Andover Richard M. and Carol A. Axelrod 164 Old Farm Road No. Andover, MA 01845 John D. and Unens Eng 271 .Barker Street No. Andover, MA 01845 James M. and Rita I. Nutton 269 Barker Street No. Andover, MA 01845 Mrs. Nellie Mazurenko 21 Cleveland Street No. Andover, MA. 01345 Yellow Maize Corporation 57 Chickering Road No. Andover, MA 01345 Z-k"/ 46 S N. t,NC1005Q.�M/-\, nI �34s w L TOW�A Notice to APPLICANT/TOWN CLERK of Affix `of! F'larRining Board on Preliminary Subdivision Plan entitled: Hi5kory, Hill,. s r I By; John Callahan Assoc. & Design Engineers datedmarch 12, 1987 H S .1- 4r � ... 2• 1 w i - r • ',`��a3rd S.iy1"J.c kR"yw�gt yg :t ��w.ur..:.,.> ..... ......• a... • .,.,V aa.x.u.Mlx':. Mon v.•r r,. \ a '-..r a.:mahtlMF"�R•Ix4{tl.xx . •,v a .: � . . .,r.,,rK.«..,.«.... wn,.w..r.wawn.+w�.«naA+»^:.s. T>.� k,.. : - ::f��x� i i.7.•}� .W f'p�w�'J �� 1.:��+a ei n it`wr X. `w 3. The North Andover Planning Board has tentatively approved said plan#*, , subject to the. foUowinNgw .. � modifications thereof:,,-..",.,... .w.�. "¢`'.1� nmw..,-w..'Y M.4 .w..�i'.... r .-.:vn. ... t � as.. ......... ^rte.. f^ S �v+..r+�HY#Vt+x.Mt•u<a.�Jpltr �`6t V'^ e d^rcmn+�P ..r.ur.. o. .,. .r .+ --, _ ^ 0. .. t, .� to •.r<l.wt•sa'y aR�L�•+�•aa l,.�tai7nw� wxt 'Z�5!(?.,.k w- rt !Y' � k 7. r t-F xnQ ° 8.et4�«Y.k�h :,i„� r�@ 'tir,i, •rN%`,+o}-"� t s ^ ai , • i _��.��r. ,. .�r.+r..�,r^.n2v^I•L.YLi. yy .�. u,w�r^n�C•wY+� .+'.`if.,v r . YY .• .. '.x M :r aro..' _ i ' 'x+�fl'J}.`p.{ r+T. -,xw. �:.,.. Vrya�x+pt ..'iln•'el's y.tt+W+Y.. g,�y = uRR1n.r MNiiAJgagpptfyb�a�e)��iV'R•�itta .., _ ,:� r•.a:rrrcs..am..n.e..-,.wrwb«a.....w„�i.�*.r.. , Very truly yourep . NORTH ANDOM FLAMM BOARD r _.. . . . By ERICH W. MITZS`CHE Dates JULY 6 , 19 87 Y DA N '.a. FORMS �f • APPLICATION FOR APPROVAL OF A PRELIMINARY PLANW 13 11,28 ! '8 I March 13, 1987 • 19-+ 1 t To the Planning Board of the Tom of North.Andovera f ;.;The undersignedt being the applicant as defined under Chapter 41► Section MP-Lt of for approval of a proposed subdivision shown on a plan entitled W. Hickory Hill Estates By John Callahan Assoc. & Design Engineers dated March 12 , 19 87 associaLes being land bounded as follows: ' northerly by Barker St. , easterly by other land of George R. Barker, Jr. , southerly by land of Nellie Mazurenko and land of the Town of North Andover, and westerly by land of the French Farm Development and the' Yellow Maize Corporation Development- hereby ew opT ent r , .hereby submits said plan as a PRELININARY 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 references North Essex Deeds, Book 802 Page 1&2 or Certificate of Title No,.p Registration Book., Page , i or Others I Ap icant'si tur , ,I Received by Tom Clerks a� Geor e R. Barker, Jr. 1 , Dater Appli`cant's address 1267 Osgood Street Time: North Andover, MA 01845 . ; Signature: ,.� Owner's signature and address if not the applicant: i I ` ' �HickUry Hill Preliminary Subdivision Conditions for Approval July 6, 1987 aAh`t 1 . The 'layout and design of the sewer main s1sul conform to the requirements of the DPW. AlsoptvU ib all be made to extend the sewer main to Barker St. to 4q low for future extension. 2. The proposal for a utility easement through Town property will be contingent upon several factors: The applicant/owner must provide adequate compensation or equilvalent consideration that is acceptable to the Planning Board, Conservation Commission and other impacted Town boards. The May 7 letter from John Callahan Associates is a good starting point for this discussion. Any final agreement must comply with all legal requirements and approvals (See June 19 note from Conservation Commission re this issue) . 3. The 'layout and design of the water main (including any required looping) shall conform to the requirements of the DPW. The specific design shall be finalized as part of the Definitive Plan. 4. The 'length of the proposed dead end street (about 2200 feet) exceeds the maximum length per the PB Rules and Regulations. If the abutting Mazurenko property is developed, the proposed roadway would likely be acceptable (providing that an adequate connection can be provided) . However, if the adjoining property were not developed (due to a possible Town purchase) , then the Planning Board would require that other roadway alternatives be evaluated. In particular, we would encourage pursuing a cluster development option that would reduce the length of a permanent dead end road. This could be achieved by designing a mix of detached and semi-detached cluster lots. 5 . Because this property has such steep slopes, the applicant should be aware that the Planning Board will carefully review the erosion and sedimentation control plans when a Definitive Plan is submitted. It is possible that the Planni4g Board will adopt conditions that limit the number of lots that can be excavated at a given time and that restrict the time period in which excavation can occur. Once again, we would encourage lot layouts (including cluster designs) that minimize conservation on steep slopes . 6. Drainage calculations shall be submitted as part of the Definitive Plan in full conformity with the PB Rules and Regulations particularly in light of the steep slopes and the proximity of the property to the Watershed District. 7. All open issues relating to the size and location of detention ponds must be resolved to the satisfaction of the Planning Board, Conservation Commission and Board of Health as part of the Preliminary Plan. 8. The applicant shall make all appropriate submissions to the Conservation Commission in conjunction with the submission of the Definitive Plan to the Planning Board. . r Page 2 AANIE't U 9. All, wetlands shall be clearly deli �� ` , one Definitive Plan in conformity with the PB Rules an gula ions. In addition, the precise limit of the Watershe D' stppi 1! a it abuts the property should be determined anAi telt Plan. Any proposed work in the Watershed District should be explicitly noted in the Definitive Plan. 10 . The proposed "no-cut" easement that was noted in the April 9 note from', John Callahan Associates shall be included on the Definitive Plan, 11 . The , applicant shall incorporate the recommendations of the Fire Department, Police Department, Board of Health, Conservation Commission, Highway Surveyer and other Town boards into the Definitive Plan. 12 . The road entrance from Barker St. shall not create filling on the abutting property unless the property owners agree to such activity. 13 . The applicant shall be advised that in the event that a Definitive Plan evolves from this Preliminary Plan, the Planning Board will require that all aspects of the PB Rules and Regulations must be complied with notwithstanding this decision. JS/je CC: Highway Surveyor Board of Public Works Tree Warden NACC Building Inspector Board of Health Assessor Police Chief Fire Chief Applicant Engtneer File FMC -APPLICATION FOR APPROVAL OF DEF'INITIV'E PLAN To the Planning Board of the Town of North Andover: F1, Tha undersigned, being the applicaut as defined under Chapter 41, Section 81-L� ,for,approval of a proposed aabdivision ahrnm on a plea entitled �c, ��/,. C�E.F.tIIIj I✓�, r3Jbo�yr•� �.o � �. ,swi! OK L_twl� • ��GtGOP�/ ►I,�.t. ErsI _l ..� by "DR.S I� fC.No. .J L Ze i we.. A. = dated` �., As-ro&4" I6q being land bounded as follows*: h10 we Ly by dbo A-c v,�2. ti T : e s,%T Ee Lr PO Y: M1 }W%.-q> Or rid Lry eA4 L, 17+.Q1416re e,0UrIjaj y gy 4..�.WI> oF+ �1.1�Y Zt�� lrfc A�r.� I t [ ' /// iia►w do a a¢.� 6o i ants ,O,1J O, 1....Np O ewe m Ni. bNdD✓E2 ' %• GAP TItZL * CI..Low n�oi GO R.�. hereby submits said plan as a DEFINITIVE plan in accordance t the Rules and I Regulations of theNorthAndover Planning Board and makes application to the Board for.,approval of said,plan. Title Reference: North Essex Deeds, Book 00e s Page 14 z ; or Certificate of Title No, Reglatration Book s page.; or Others Said plan has(✓ ( ) evolved from a preliminary plan submitted to the Board oYl M 1() 0$7 and aprroved (with modifications) (� ) '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. '`Tho undersigned hereby further covenants and agrees with the Town of,North Andover: upon approval of said DEFINITIVE plan by the Boards 1. To install utilities in accordance with the rules and regulations of the Planning Boards,'the Public Works Departments the Highway Surveyors the Board of Health, and all general as well as zoning bye-laws of said Towns as are applicable to the installation of utilities within the limits of xaya and streets; 2. " To complete and`emstruct`the 'streets or ways and other improvements shown {{thereon in accordance with Sections Iv and V of the Rules and Regulations lor, the Planning;Board and the approved DEFINITIVE plans profiles and cross sections of the same. ':'Said plans profiles: cross sections and construction: ` specifications, a" specificallyp by references incorporated herein and made ``. g part of this application. This application and the covenants and agree- ` memts`herein shall;be binding upon all heirs: executors# administrators: All, lauccessorss grantees of the whole or part of said lands and assigns of the � lundersigned; and k. b 3. , To complete the aforesaid installations and construction within two (2) years from the date hereof. Receiged by Town Clerks _Dates { SigmtUF91, of Applicant Time: Signature: Address '.�J.:.loo.. a..��,-�. o �a 4 s t �CE•I Notice to APPLICANT/TOWN CLERK and Certification of Action -of P=VtD ;C on Definitive Subdivision Plan entitled: O�M1� Hickory Hill Estates all BY: M-Zjan Engineering Associates dated October 9 The North Andover Planning Board has voted to APPROVE said plan,, subject to the following conditions: 1 the record owners osubject land forthwit cute and record a "covenant ? with the land", or erwrise provide sec or the con- s auction of ways aninstallation of ipal services writ sub- di n, all as provided . c. 41, 8! 8 . 2. That ch construction illations s all respects onform to the gover rules and re at of this Bo . 3. as required by t h Andover Board o th in�itsrt to this Board, no ng or other at a shall be built or cod upon Lots as s on said Plan writho the prior coons of said Board of He k. Other con ons: The Planning Board voted to accept the withdrawal without prejudice in lieu of a PRD proposal. 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 approvaluponsaid plan. * wr � w♦ � * +r * * * * * e• * e * * xe * � e � �aewFe * a► * * wteeare * e NORTH ANDOVER PLANNING BOARD Date: January 21, 1988 By: Paul Hedstrom, chairman � t r FORD[ C �ti F MUATION FOR APPROVAL OF MINIMS PLAN N��' 3 QMI ' 02 r17 To the Planning Board of the Toru of North Andover: The undersigned* being the applicant as defined ander Chapter 41, Section 81—L, for approval of a proposed subdivision shown on a plan entitled) by x.44ac 1 k4dated AiFo 0" 11104 being land bounded as follows: hl v we r E.e Ly ayI S T : E&^i E.aLy a.y rT-i t,a -�...►fl .� <Acv eAkiL. b...2�GG 2: 4.urHEoL•l, &%y "wp ®y NJ.1�-6-7-J1ZG JY.Oy �.'e.uo Ap F-j?,j&hW1js¢.a F.4 si�zS A,NO 1..A.�+P O OwvJ m N�, A.vop.iEfL. ' �..E•yTftu.l- � ELt,Ow n'�o.i Go�.P. hereby submits sald plan as a DEFINITIVE plan in accordance with the Rules and f Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title References North Essex Deeds, Book foe , Page 14 e ; or Certificate of Title No. , Registration Book.# page.; or Others Said plan h"(4 ) evolved from a preliminary plan submitted to the Board of 13 19 87 and approved (with modifications) (� aapnrenve& { on „� u Y , 19 ,97 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Boards 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 Hesltht and all general as well as zoning by—lawn of said Town, as are applicable to the installation of utilities within the 13mita of ways and streets; 2. To complete and construct the streets or ways and other improvements shorn thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DIFINITIVE 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, executore, administratorsp • 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 frau the date hereof. Received by Town Clerk: Date: S gnatu!pof Applicant Time: Signature: Address o s8 W 5 L p N -�QZrn x�rr,cv J � prr- rnvn a oy, z o rn�cc. 70 cr (c�j y c' Ll Cn r 981 did 90 AON a3n��,k HLHN F 0 Notice to APPLICANT/TOWN CLERK and Certification of Action of.�PlmdM nBoard on Definitive Subdivision Plan entitled: Commerce Park Of North Andover. By: John Callahan Associates dated December; 25,t"' 1q 5 The North Andover Planning Board has voted to APPROVE said plant 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. 41, S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. I-2 as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: A certified as buildt plan shallbe submitted showing the location of all utilities (electric,water,telephone) prior to binder coat of pavement. - Final asbuilt plans shall be submitted prior to final release of security. - ANy proposed stump pit areas shallbe shown on plan drawn by Registered Engineer or Land Surveyor for review and approval by the Planning Board and Highway Surveyor. Ii in the event that no appeal shall have been taken from said approval within twenty days from this dater the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. xxxx 9B$ Wd IS Z 6 d3$ NORTH AND04ff3 l��BOARD Dates September 91 1986Jj l3 ��erts. Vice Chairman By: Michae�� i a RECEIVED FORM C DANIEL LONG ' APP APPROVAL OF DEFINITIVE PLAN , SAN 1 4 ji 19 Ay '�� - January, 6 � 19 86 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81-LI for (fp ra� f f1proposed subdivision shown an a plan entitled Commerce Park Of North Andover by John Callahan Associates dated December23. , 1985 being land bounded as follows: north by the Arlit property; South by the Aziz property; West by Osgood Street ; East by other land of George R. Barker Jr. hereby submits said plan as a DEFINITIVE plan in—a ordance with the Rules� Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title References North Essex Deeds, Book 787 , Page 251 ;-er- and Bk 787,P9 257 Certificate of Title No. t Registration Book.1, pap.1 or Other: Said plan has(x) has not( ) evolved from a preliminary plan submitted to the Board of Planninp, 19 81 and approved (with modifications) (x) disapproved (7A April 29, 19 81 . The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board,. and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein 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 installat can ct an wi two (2) years from the date hereof. Received by Town Clerk: e R. Barker Jr. Dates ure o Applicant Timet 1267 Osgood Street Signature: No. Andover, MA 01845 Address 1 y ORCHARD HILL SEPTEMBER 8, 1986 CONDITIONAL APPROVAL 1 . Due to the proposed industrial use, it is necessary to receive Board of Health approval on all aspects of the septic disposal. 2 . The applicant shall provide the Planning Board with written approval from the State DPW for tieing into the State Highway drainage system. 3. The applicant shall finalize and submit the Plan does not show any erosion/sedimentation plan which must be approved by the Planning B ard. Security in the amount of $15,000 shall be posted to ensure proper maintenance. The Board shall retain the option to enforce the bond if proper compliance is not maintained. 4. In accordance with the North Andover Conservation Commission a Request for Determination must be filed by the applicant prior to construction. 5. In conformance with the Rules and Regulations street width shall be sixty (60) feet and minimum width of pavement shall be forty (40) feet. Minimum grade of the street shall be one (1%) percent. 6. No provision has been made regarding access to the remaining land owned by Barker. An access easement shall be incorporated into the plan for future connection. 7. The hydrant as proposed must be moved to the cul-de-sac location. 8. Any construction on Lot I-2 is subject to SITE PLAN REVIEW by the Planning Board in accordance with Section 8. 3 of the Zoning Bylaw. 9. The applicant shall provide security in the amount of $4,000 for the submittal and approval of as-built plans for the proper acceptance of the road by a vote of Town Meeting. 10. The developer/owner should be aware of the fact, that although a drainage system is required under the Planning Boards Rules, such drainage does not relieve Siad party of responsibility to other property owners upon whose land storm water discharge is directed. 11 . The applicant will be required to file a Notice of Intent for drainage discharge at the brook prior to any construction on the roadway. Any changes or revisions to the drainage system will cause for reconsideration of the subdivision under MGL, Chapter 41. 12. Applicant shall show proposed stone bound monumentation on the proposed roadway in accordance with the Rules. 13 . The applicant shall place all Planning Board conditions on the plan to be recorded. 14. The applicant shall show drainage easement s which must be executed and delivered to the Planning Board. 15. The developer shall put a notation on teh record plan that the fee in the street is to reserved. 16. It is the understanding of the Planning Board that approval has been received by the State Environmental Affairs Office for the Merrimack Valley Credit Union only. The applicant is required by EOEA to submit a 'project change notice' prior to any construction on Lot I-2. 17 . In accordance with the Board of Public Works requirements: a) The water main on Orchard Hill Road shall be 8" class 52 ductile iron cement lined water pipe installed 10 feet left of the centerline of the road with 5 feet of cover below the finish grade from the existing 12" water main on Osgood St. to station 4 + 0. b) An 12" x 8" tapping sleeve and gate valve shall be provided at the existing water main on Osgood St. c) An Eddy breakflange hydrant to North Andover specifications is to be installed at station 4 + 0. d) All hydrant branches shall be provided with six inch Mueller or equal gate valves (open left. ) e) All gate valves shall comply with AWWA specifications L500 52T and will be supplied with a 100 lb. sliding gate box marked "WATER" . f) 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." 18 . No lot shall be released from the covenant until the roadway is constructed to subgrade for the purpose of gaining access to lot I-2 . CC: Highway Surveyor Board of Public Works Tree Warden i Conservation Commission Building Inspector Board of Health Assessor Fire Chief Police Chief P-Fplicant Encineer Pi.1e DEFIA1T10NS 1. :'I 1-:r. . Gecrce Barker, Jr . , 1267 Osgood Street, North Andover MA 01845 THE BOARD: Shall mean The Planning Board of the Town of North Andover, MA (120 Main Street, North Andover, MA) THE RULES: Shall mean the Rules and Regulations Governing The Subdivision of Land - North Andover, MA issued by said Board and as amended through this date. THE PLAN: Shall mean Definitive Subdivision Plan 'Orchard Hill Commerce Park ' prepa* ed by John Callahan Assoc. , 166 North Main St. , Andover, MA i i ohn allahan � .a s s o c i a t e s architects I66 No. Mai n Street Andover, 18 aehnIIIIS 01 610 / 61 7 :475.0606 plaaaera V September 18, 1986 s Town of North Andover Planning Board 120 Main Street North Andover, MA 01345 y Attention: Mrs . Karen Nelson, Planner Re: Hickory Hill Preliminary Subdivision Dear Mrs . Nelson: This is a written notification granting the Town of North Andover Planning Board an extension until Thursday, October 9, 1986 to act upon the proposed Hickory Hill Subdivision plans . We are in the process of flagging wetlands in the area. Thank you for your cooperation. Very trulYY ours r hn Callahan br JOHN CALLAHAN ASSOCIATES Q1 JJC: s t o { it , • { I' E 1 i 111 ' ohn 001ialIrs allahan s s o c i a t e. s architects 166 No. Mai n Street Andover, Na ss achusetts 01610 / 617 :476 0606 C11110 1= 11 Plaaners D � - PLANNING BOAR July 21 , 1986 Town :of North Andover Planning Board 120 Main Street North Andover , MA 01845 Attention : Mrs . Karen Nelson, Planner Re : Hickory Hill Preliminary, Subdivision, No.. Andover Dear Mrs . Nelson: This is a written notification granting the Town of North Andover , Planning Board an extension until Thursday, August 21, 1986, to ,act upon the proposed residential "Hickory Hill Preliminary Subdivision plans. M nou for your cooperation: Very truly you S , ar� n Joh VJ. C n JOH CALLA N ASSOCIATES JJC : st oh n engineers a. l lahan s s o c i a t e s architects 166 No. Main Street Andover, Massachesetls - - 016( 0 / 617 : 4750606 planners August 13, 1986 Town of North Andover Planning Board 120 Main Street North Andover, MA 01845 Attention: Karen Nelson, Planner Re: Hickory Hill Preliminary Subdivision Dear Mrs . Nelson: This is a written notification granting the Town of North Andover Planning Board an extension until Tuesday, September 23, 1936, to act upon the proposed residential "Hickory Hill Preliminary Subdivision" plans . Thank you for your cooperation. Very truly yours , John J. '-Callahan JOHN CALLAHAN ASSOCIATES JJC: st got RV Qt, 6 s' d?l�rnrlN 1 t AUG 11Q86 t n PLANNING DAPD I i r k , PLAivE�� W Received by Town Clerk : FORM A DAa'E� NO7�+" i1RLIEVEDONOTFOR TOENDORSEMENT APPROVALPLAN It 22 46 April 18, 1986 19 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a 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 , Barker Street being land bounded follows : Northerly by Barker St southerly and easterly by other land Of George Barker Jr and westerly l2yr land Af YnllnM�ioa Corporation. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : . It has the required frontagA on an oxi sting pill it way ariA the required area ea=lying rant R-9 7nno - 3. Title reference North Essex Deeds , Book 802 Page 1 and 2 or Certificate of Title No . , Registration Book > Page Ap&pj cant I s Signature : Owner ' s signature and address i f not :- - the applicant : a,_A�George R. Barker, Jr. Applicant ' s Address : 1267 'Osgood Street North Andover, MA 01845_ _ Received by Town Clerk : RECF)VED DANfEL i FORM A �7?!C Towle NOR, *Pt AgTION FOR ENDORSEMENT OF PLAN QPRZZ j BELIEVED NOT TO 'RE UIRE APPROVAL April 18, 1986 19 To the Planning Board of the Town of North Andover : . The undersigned wishes to record the accompanying .plap and requests a determination by said Board that approval by it un,de "the Subdivision Control Law is not required . The undersigned believes. that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a 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 , Barker Street being land bounded follows : Northerly by Barker St. , southerly and easterly by other hand ` of George Barker Jr and westerly by land of Yellow Maize Corporation. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : It has the required frontage on an Pxisting nublir way arirl the required area co=1gin �rh rh irrPnr 1�� 9ona- 3. Title reference North Essex Deeds , Book 802 Page l and 2 ; or Certificate of Title No . , Registration Book Page Ap l ''cant ' ignature : Owner' s signature and address if not the applicant : Georg a R. Barker Jr. Applicant ' s Address : 1267 Osgood Street North] Andover, MA 01845 —' Received by Town Clerk : w Notice to APPLICANT/TOWN CLERK of action of Planning Board on ' accompanying plan : 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , !; and the appropriate endorsement ha•s been made upon the same . ,a 1 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. 'i Very truly yours , NORTH ANDOVER PLANNING BOARD ? Date : r T a RECEWEC WOE'- I.014G T(l' ' i,'.FRK NOP,"f!+ A,.;±'OYER - APR 25 10 20 AN '86 FORM s APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN Apf,0- 19 96 To the Planning Board of the Town of North Andovers The undersignedt being the applicant as defined under'Chapter 419 Section 81-L, for approval of a proposed subdivision shown on a plan entitled By 7 Co I+ 4,l-i-I OAA— A44: X%(AJT-4> dated 9 19 being land bounded as follows: c l: r3si F.>AP�Ie.g-pz � CA ., �! Y L) Ht � M &F er-,o".E R, E5•q L.Akl b be N>✓Lt-l€ LAK U REt.I V-D At-�D T�AOD or= T ttE: ZCW4 OF 0,^ zTt� P1t�Uo1lC�,�, fce.5C�> u•!�T'��1-q P��;I.tiL�l9 rri' F !Lax;CZj FAQS�M QE-Vi LtPU--Alt0 A106 'T4C. V=tuftint ApT15CtKR hereby submits said plan as a.PMIMINARY subdivision plan in actor ce e 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 $07 Page �i or Certificate of Title No. Registration Book , Page.; or Other: A13 t' tore: Received by Town Clerks KGS( Dates p�plicant Address 1 1,•-Y._ A Time: Signatures Osrrser' signature and address if not the apt: U.t r ? o s DAMICL t APPLICATION N DEFINI'PIVE PLAN January, 6 1 x '86 . 1986 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under'Chapter 419 Section 81-L, for Og iar plproposed subdivision shown on a plan entitled Commerce Park Of North Andover ;. by John Callahan Associates "dated December 23, 1985 being land bounded as follows: North by the Arlit property; South by the Aziz property; West by Osgood Street; East by other land of George R. 'Barker Jr. hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover-.Planning Board and makes application to the Board for approval of said, plan. 3 Title Reference:`: North Essex Deeds, Book 787 Page 2 51 ;-er- 'and Bk` 7 8 7 ,P g 257 Certificate of Title No. , Registration Book.., page ; or Others Said plan has(x) has not( evolved from a preliminary plan submitted to the Board of Plannin lq 81 and approved (with modifications) (x) disapproved ( on ri , lq: 81 . The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board,. and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor$ the Board of Health, and all general as well as zoning by+-laws of said Town, as are applicable to the installation of utilities within the limits .of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations s of the Planning Board and the approved DEFINITIVE plan, profiles and cross { ., sections of the sauce. 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 covezuAts and agree- .• menta herein shall,be binding upon all heiars, executorst` administrators,. ,;k* succeasoraq grantees of the whole or part of said land, and assigns of the undersigned; and .. J,,.. 3. To complete the aforesaid installati con ct on wit two (2) years from the date hereof. I Received by Town Clerk: George R. Barker Jr. Dates lift"tura Applicant Time. 1267 Osgood Street Signature: No. Andover` MA 01845 �^ Address r . Notice to APPLICANT/TobiN GL= and certification of Action of Planning Board on Definitive Subdivision Plan entitled: Commerce Park Of North Andover. By: John Callahan Associates dated December 23, ' t 1q 85 The North Andover Planning Board has voted to APPROVE said plant subject to the following conditions: " ` 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land"t or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub divisions all as provided by a.L, c. 419 S. 81-U, 2. That all such construction and installations shah in all respects conform to the governing rules and regulations of this Board. 3. Thatt '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 conseirt of said Board of Health. 4. Other conditions: yy33++ i 817kz 7� F ♦ F' l +r " C 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 '.' k `thereafter endorse its formal approval upon said plan. " *"* e * * * a• e •se +ee * * e.*, * ee �re * * * * • tr • * tr *�* e * * *;,* *-.- •s a The North Andover Planning Board has DISAPPROVED said plant for the following reasons: NORTH ANDO`iSi PI UDM BOARD ' Dater BY: Received, by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL June 11 _, 19 RS- To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivisi ^; Control Law is not required . The undersigned believes that such approval is not required for the• foilowing reasons : 1 . The division of land shown on the accompanying plan is not a sub - division because every lot showh thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , Bradford Street or a private way , gamely , being land bounded follows : on the North South and West b 1anfiof George R Rarke-rl Jr , on the East by Bradford Street a public way -- 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : A single residential lot having 150. 00 foot frontage on an existing ublic we Bradford S r q• a as required by the existing zoning by laws for R-1 property. 3. Title reference North Essex Deeds , Book 782 Page 52 Certificate of Title No . , Registration Book Page Ce Signature : '``"� '`� Owner ' s signature and address�if not Applicant ' sg l • David and~ Elizabeth Barker the picant : Applicant ' s Address : 1267 Osgood Street North Andover, MA 01845 �� Received by 'town Lieek : . . o '1 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has ' determined that said plan does not require approval under the Subdivision Control Law , and the -appropriate endorsement has been made upon the same . 2 . The North Andov, Planning Boar as dete mined that said plan shows a subdiv ! ion , as de ned by G . L . c 41 , S . Al-L , and. must therefore Le re- mitted to it for a er the Subdivision Cow roI Law. Very. truly yours�...�.. _ • NORTH ANDOVER PLANNI,N BOARD By Date FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL C May 24 1984 , 19 I t To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determina— tion by said Board that approval by it under the Subdivision Control Last is not I` required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by ,the North Andover Zoning Bye-Law and is on a public way, namely Osgood Street or a private way, namelyt J being land bounded as followss North by the Arlit property, South by the Aziz property, ' Westi by Osgood Street. East by other land of George R. Barker, Jr. & 787-257 2. Title reference: North Essex Deeds, Book 787 Page 251 ; or I Certificate of Title No, Registration Book page •. or Other: Received by Town Clerk: Applicant! signature'' Date: Applicant's aq0ress 1267 Osgood Street Time: No Andover, MA Signature: Owner's signature and address if not the applicant: i 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 lawq and the appropriateendorsement has been made upon the same. 2. The North over Planning B has dot ed that p an show a subdiviaio as defined y G.L. c. 81-Lo d must ter ore be re-submit to it r approval er t e 6 vision control law. Very truly yours NORTH ANDOVER PLANNING BOARD By Date: �fLf+ft yaaa �*ORTy x + F: ArnIL71V N y: teas •.<�' �CHU9F'tia s� s' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 12, 1956 The Board of Appeals of the Town of North Andover held a Public Hearing on Mon=ey evening, February 13, 1956 at 7:00 P. M. at the Town Building on the n et;.tion. of George R. Barker and Socony Mobil Oil, Incorporated to have a n-rrit Ur-nted to the Socony Mobil Oil, Incorporated for the operation and maintnn�nre of a gasoline and service station on the premises located at 1581 Osnond Stfeet, North Andover. This 171.iblAc Hearing was aSvertised in the Evening Tribune on February 6, 1956. Members present and voting on this application were: Ralph Finck, Chaitman.. Secretary Alfred Boeglin, Nicholas Nicetta, Andrew Alvino and Henry Lund. After oos.sidering this matter, a motion was made by Mr. Lund, seconded by Mr. Borhn, and it was unanimously voted that the petition be granted for t'.^- snecial permit to erect a filling station under the terms and conditions concerning landscapinglas shown upon Plan D113 - #38 of proposed accompanying petition. All rbbu.tters were duly notified of this hearing. Sincerely, BOARD OF APPEALS OF NORTH ANDOVER Ralph E. Finck, Chairman Alfred Boeglin, Secretary Henry Lund Andrew Alvino Nicholas Nicetta H r j CyUA JOHN J. LYONS p TOWN GLE"A NORTH ANDOVER `Ck2£d "Lz VL G2 LQ 1` l F �l l � a o �1ars�d off" 67. 03 c'42 SiS' -•- G��a✓-9e Bp1-d4r �O ALLEN ,S A R K X A •S T"AX 49C T ME..V§L E .t_ " royal N FL`E ef Cho �� 1 CI t\ `4 FV{SYt��QQ" yi�atryle 4y l t ��77 4 Q S LI RNJ -e-ov N a o v .Eoce E >v G ♦ ry Aoc? -.w 1 ni c. ScA /. E / = 40 " 007-. ; d.960 k'orm 81 P 4 (1963) North Andover Planning Board NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIBED BELS, BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant Date of Submission of Plan: rf f� N' Town Clerk, Town of North Andover_ Town Office Building North Andover,, Massachusetts Dear Sir; i Pursuantto the provisions of G.L. c. 41, B6.`1,81 P and 81 T, you are heiebT potified that the plan described below has this day been submitted to the North Andover Planning Board fora ,determination that approval of the same is not required by the subdivision control law. EXACT TITLE OF P , with jate ,and 'name of Surveyor: , i Des 4tio of 'Jk�K'ffic' t f i entif i Title reference: North Essex Deeds, Book s page Attorney for Applicant: i Very /truly yours,.. -Applicant w Form 81 P — .2 (1963), North:Andover Planning Board NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN'DESCRIBED,BELOW Name and Address'of�cant: .Date of Submission of Plan: 7 Town' Clerk, Town of North,Andover _mown Office Building North Andover, Massachusetts- < Bear Sir: We forward to you herewith the original and one copy of the plan described below, heretofore submitted to 'this,Board under G.L. c. 41, so 01 P, which you may deliver, upori'request, to ,the 'applicant above named. -`% EXACT TI'T'LE OF PWj, wit4 date and name of Surveyor Description,of land "sufficient for identification i 41 di Title reference: North Essex--Deeds' Book ,page Attorney for Applicant:,,, - The action taken by' this Board upon said plan is indicated upon the reverse hereof. - (1) The North ,Andover Planning Board has determined that said plan does not , y require approval under the subdivision control law, and the appropriate t endorsement has been made upon the same., (2) The North 'Andover, Plann g Board has ermine that said plan shows a subdivision, `as defined y �G.L. : -41, s. 81 J✓, and must therefore be ; _ re-submitted to it for 'a val under t subdivision control law. The -North Andover anning Board has determined to take no action upon said plan. Very truly yours, NORTH- ANDOVER PLANN�M BOARD B ✓ Gts- ' Date:- t' � . f thfj :i O.L CIF a o O - FOR GF R. BARKER JR. 2 o o N OO > N 68'0/5'00".E 312 . 001 a � zp 0 O 82. 92 p Z N 69'021 '/9 "E O Ifs y 38.36' ' :b N 60000'23"E �+ _ 3 2ID ION O z � m z G FORAGE R. BA RACER JR - • ( 777 �' s ' '", ri Form ♦. I'' 1'o .. �k�9�.. 'stile �' P a ib2 _ NO!"�h Ailtlo{%! ltahri # NOTICE TO 1't7W1�1 CLERK 'OF ACT I ON yO, PLANN I NG BOARDD 4W'PLAN bEE M I'OED BE14* i w Nameand A ddrpss of "Apps ioant: Date-of Stibmiaalon oVPlan: 1911 No Amam"s tiiwar. Town Clerk, Town,of North .Andover Town Office au i l d i hg North Andover, Massachusetts �')'ey�R� Z s 10 S Dear Sir: Ak0tix �m ti 'we forward to yoq herew th 'the ori groat and one copy-of"the. p a � �0 1s2 8� described below, heretofore submitted to this 8ottrdi under`G L. cy 41, 81 ,R, which you may deliver, upon request, to, the applicant above named. Exact Title ot. PIana a ' • < Date of Plr a Eng£n . a , Name and Address of Record Owner 'of Land: hilt Title Reference; North Essex Deeds Book Paige; or Certificajte"of,Title No, Registration " , page or, Other:' Description of Land .1%ufficient for Adentificatiop": 7 f � Y ` 1 1 \ I \ l I M Attorney for Awti.cant. . r r l The action "taken by this Board u0on'said pt,an X indicated upon the reverse-(hereof, I .v r m The,North Andover Planning Board has determined that said pian does not require-approval under the s bdi vi si on control low, and the appropr i ate endorsement has been made upon.4he same. The North Andover Iarming Board has dete that said plan shows a subdivigFon, as def ned by G.L. c. , § 81 L, end must tberefo're be re—submitted to It f appro I under thR subdivision contl•ol law. The North Andover iannig B rd ht�s determined to take no action upon w : said plan. Very -truly yours, NOR114 ANDOVER PLANNING BOARD Ape ' -.• . .it , z�/ Date. r `V T'+` ?(� Form 81 P L1062f Nor,h Andc2ver Ptak i 7' r- NOT I CE TO TV-41N'CLE RK'OF �UBM i'SS I ON TO.PLANNING,BOARD OF!,P) AN D>t�Dd�t�Ep,� L�If, BEL rENED NOT TO ,REQUIRE APPROVAi,^ER THE SUBD IVIS I OW CONT,RO'L LAW), -------------- J - Name and Address of„Apo,I cant Date of Subrtiission of PA an O To�q Clerk,. Town. of 'Norttx'Wndover, h e 4j TownOffice ,Building � n NorthAndover, 'Massachusetfs °� Dear Sir:, Pursuant to,the'provisfons of G.L. c, '41, ,% 81 ;P a” 61 Tr hereby notified that the plan described below has this day been :submittedl to 'the North ,Andover PIannnIng Board for a determination that oprowaI of the same is not required by-the subdivisivm control law, ' Exact Title of'-,Plan,: Date of Plan: �. iR M� � _ Mame and Address of � �e�r. of land: ' �!�� 004 7iito Reference: North Essex Deeds, ,book Certificate of Title No. ,,Reg ts'trat1on Book ,p e o Other: Description "of Land "sufficient' for identification 40 No � 40` y r Attorney for App ican t�:, i Very, truly q urs,, c 1. App ant r. GE02GE 2. B4Ol�KF2 J2 . -� 12 13 4 sok Sp �Q� V4N C�.jtir. a Nga�R� 2 8p LO V2624 N 11 ti 4 Y Q Q m � in •t o;. m 440001 �u o-W (VI D moo. �z �o, B 9y9.g�. IPK E 2 v / . SLAM 0 )= LAND / N w0 rz TA4 A N00 I/E2, /" ASS* O W NE'D 6Y GE0 2GE 2. BARKER KER .JR, S4= A4 $ / = �p � JA ". 1957 J T' 1 � y �? rRr+S'•i'�1G � 2ALON B .B2ASS�U2. C. E. Y 1 � ; _ •- HAVFe"ILG MAS Form 81 P - 2 (1963) North Andover Planning Board NOTICE TO TOWN CLEM OF ACTION OF PLANNING BOARD ON PLAN' DESCRIBED BLOW i, Name and,Addres of A lic Dat of ubmi Sion of Pl ate, ,V J10 v r t- asp Town Clerk, Town of North Andover Town OfficeBuilding North Andover, Massachusetts Dear Sir: c We forward to you herewith the original and one copy of the,plan described below, heretofore submitted'to this Board under G.L. 'c. 41' So 81-P� which you may deliver;upon request, to the_applicant' above named. EXACT TI`L&'OF PLAN,, with date and name of Surveyor. CC 777 Description of land su fi t for identification * f.''-V p re �• n• �� "�`T S �G i�S ; ; , • Title reference:- North Essex .Deeds, Boodfl, 'page/. Attorney; for Applicant: x The action taken by this Board upon said plan2.5indicated upon the reverse hereof. , • (1) The North Andover Planning Board has determined that said plan floes not require approval"under the subdivision control law, and the appropriate endorsement has been made upon the same. {2} jerth, dover anning rd has �d ermined hat sa. plan aws asis on, -as " efined by G.L. c.. 4 , s. 81 , andm t'thher fore r tted t it for approval un er the s divi,si n cont of la . (3 /,The or dover anning B d has terminad t taken natio up r sa'd pl y T very t ours ` � ruly Y � y NORTH ANDOVER PLANNING BOARD r By: Date: a � r Form $3 P - 4 ( g63), , North Andover P1 Board NOTICE Tb -TONIN CLERK OF SUBMISSION To PLANNING BOARD OF PLAN DESCRIBED BELOW$ BELIEVED NOT TO, APPROVAL UNEER NE SUBDIVISION CONTROL LAW " Name and Address of Applicant Daae of' Submissioa' 61 Rlaa• I34�l d� 410d h o JA,'P a s s Town Clerk, Town. of�Morth Andover Town Office Building _ North AndoVeri Massachusetts Dear Sir: Pursuant to the provisions-of G.Lr c. 41, ss. 81 P artd 81T,, you are hereby notified-that the plan 'described below has.this day\been submitted to the North Andover Planning Board for &. determination that approval of the same is not required�by the subdivision control law. - EXACT TITLE OF ,PLAN, with date and name ,of Surveyor; f ra,r, of a hd r/7 Description of lend; !'sufficient for identification l �-ass oti dtGS, o r to /ar, frt� K Pp r�11'a; Na 14r�/y )IX tl .�ovth , J a Title reference.: North Essex Deeds, Book 7b /, page ;V& Attorney'for Applicant: /ti'10 Very truly yours, 47 Applicant y �760RG e- 12. Bgr�KE tZ Sol Jr, N 23' 4 7 i Q m F n s �P N •2c. -' F: *5000Ir a d o o � Q V N V t9 r � U diQ i 3 ' So a' A� To ti4RK R Si'. �P. oa.�9 /20.3/ .312' Fa�K fl9l�srseLir� ?+ N 23"47'W j3�p 9cy it qo F o rt r.� Sarrwj&amr or CHARLES G� C. v MARTIN O OF L9 N o t IV �q�'-T� �� U SUR NarawrH A N O OV1Et? Mol use NO2-r'4 AND6v&0.,MAZS. �7 OlZGL . J31412K*2 Jr. Scq« I=40� Ocor. 1965 f6moiss um A.3s*ci^-Tans GcV,.laAii.gY S-r Haven»�r<.�., Mgss. A APPLICATION FOR ENDORSOMAT OF PLAN BELIMED NOT TO RIDRUIRE APPRWAL 1 , 1g XV To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determ na tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shownthereon has the amount of frontage required by the North Andover Zoning By+-Law and is on a public way, namely, 1.�4/90L _ZT/ bl- or a private way, name49 9 being land bounded as follows: do 1% kf. SOrlr-je 4Z ? 6&z _ �— Jos X<,10 2. Title reference: North Essex Deeds] Book ZEZ Page ; or Certificate of Title No..t Registrat o:s Book j page.; or Other: Received by: r rks Applic is signature + q rS r r Date: 4 � € t',' Applicant sAAdress Time: Signature: t 19 1`r n 's Owner's signature and address if not the applicant: m iL\11T Notice to APPLICANTJTOWN CLM of Action of Planning Board on J Accompanying Plan, 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control laxt and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shore a subdivi.siont as defined by G.L. c. 41, s. 81-Ll and mast therefore be re-submitted to it for approval under the subdivision control lax. Ury truly yourst NORTH ANDOVER PLANNING BOARD BY Date: - � I tley ._vf' Y e 7' , { . `; i P t f Fcm1 P - 2 (1963) North Andover Planning Board �NOT. � TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW Name and Address of Applicant: pate of Submission of Plan: Mr. George R. Barker, Jr. Janu 1 1267 Osgood StreetX971 North Andover, MA O1645 o CuyLD � JAN � 71 Town Clerk, Town of North Andover Qo JUHN 1. 1 Town Office Building ToyyN Nro North Andover, Massachusetts NORTH AN Thr � Z Dear Sir: Sp�o Eo Zo We forward to you herewith the original and new copy of the plan described below, heretofore submitted to this Board under G.L. c. 41, s. 81 P, which you may deliver, upon request, to the applicant above named. EXACT TITLE OF PLAN, with date and name of Surveyor: Plan of Land in North Andover, Massachusetts (A Division of Land Plan) , dated December 14, 1970 by John Callahan Associates Engineers and Surveyors. Description of land "sufficient for identification": A certain parcel of land being a portion of the George R. Barker Jr. farm, as recorded in the Northern Essex Registry of Deeds , Book 1102 , Page 13, and containing 17. 217 acres and more general y described as follows : The second parcel of land on the Northeasterly side of the commo intersection of Osgood Street (Rt. 125) and Barker Street in North ;Andover, Mass. , the Southwesterly-most corner of said par- cel being by two courses and distances N 430 36 ' 09" E. 91 .47 feet and N 370 56 ' 39" E, 147.95 feet along the Northeasterly right of way of said Osgood Street from the apex of said inter- section of Osgood Street and Barker Street. Title reference: North Essex Deeds, Book 11 42page 13• Attorney for Applicant: NKMT&s11Z&X James Champy The action taken by this Board upon said plan is indicated upon the reverse hereof. (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) Nort An ver Plann and has ete ned that id lan shows s ision, s defi ed by L. 41, s. 1 L, a must th efor be re-submitted for app v under the ub 'vision control w. (3) a North, ndov Planning d has termined_,td take o act upo said lan. Very truly yours, NORTH ANDOVER PLANNING BOARD By Date: 1-7- 71 MUM fflfl TOWN OF NORTH ANDOVER � i 4 MASSACHUSETTS ,IORTry ,Any appeal shall be filed F= • �p within(20) days after the . of this Notice to of film ;, °•.,...•�-�q da 9 ss ACMUS, In the Office of the Town Clerk. NOTICE OF DECISION Date. .March 8, 1991. . . . . . . . . . . . . Date of Hearing . . . . . . . .. . . . . . . . Petition Of . . George R.. Barker.. Jr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . _ Premises affected •l.gcated, og,OT-.W4 ,viae of Barker,street, , , , , , , • , , , , , , , , Referring to the above petition for a special permit from the requirements of the .WQj;t ADdav". �nniuv.�ylaw.: .$ert.�WR S.S.-.l�4d G�tiga .-.Pla�p�.$g�;�Gntial Development (PRD). so as to permit the reductiPP,jig.the.nuiqber ofi,-.3we;4;i{tq�,}�n}�� . ... . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROYE. . . . . . . . . the . special.Permit.Mod fi^a+ on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Signed iV," Board of Health Conservation Commission Gecuge .A.. Perna,.Jr., .Chairman . . . Assessros Police Chief JQegph.kW4-;kfY. . . . . . . . . . . . . . . . . . Fire CHief Applicant John Drayer. , , , , . Engineer File Richard Nardella . � . . Interested Parties . . . . . .�. .. . . i . . . . . . . . t . KAREN H.P.NELSON Town of 120 Main Street, 01845 Director , NORTH ANDOVER (508) 682-6483 BUILDING a•_,. s� CONSERVATION DIVISION of PLANNING PLANNING & COMMUNITY DEVELOPMENT March 8, 1991 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Special Permit PRD Modification Hickory Hill Estates Dear Mr. Long: The North Andover Planning Board held a public hearing on March 7 ,1991 upon the application of George R. Barker, Jr. , 1267 Osgood Street, North Andover, MA. , requesting modifications to an approved Special Permit, dated September 23, 1988, for Hickory Hill Estates PRD (Planned Residential Development under Section 8. 5 of the North Andover Zoning Bylaw). The public hearing was duly advertised in the Lawrence Eagle Tribune on February 21 and February 28, 1991 and all parties of interest were duly notified. The following members were present and voting: George Perna, Chairman, John Draper, Joseph Mahoney and Richard Nardella. John Simons was absent. The petitioner seeks an approval to modify the special permit by reducing the number of dwelling units from 56 to 40 dwelling units. The premises affected are located on the North side of Barker Street in a Residential 1 (R-1 ) and Residential 2 (R-2 ) Zoning District on approximately 84 acres. Richard Nardella read the legal notice to open the public hearing. Christian Huntress stated that this project was originally approved through the Special Permit process in September of 1988. The original approval called for construction of 56 dwelling units in a site planned PRD or condominium style development. Directly after the approval of the original Special Permit the applicant constructed part of the roadway and all utilities. Mr. Huntress went on to say that due to the nature of the economy at the present time the condominium scheme was not feasible . The applicant has redesigned the project as a Subdivision PRD with half acre lots and 100 feet of frontage. This type of PRD is allowed through Section 8. 5 of the Zoning Bylaw and is the subject of the modification before the Board this evening. Page 2: George Perna asked if the Technical Review Committee had reviewed the modification. Christian Huntress stated that the TRC had reviewed the proposed changes and found that this modification was a down scale in overall project development. The drainage structures, roadways, and all utilities designed for the original approval would be more than adequate to provide service to the PRD as modified in this application. This modification will create less of a traffic impact, sewage output and overall dependance on town services than the previous configuration. Mr. Alfred Shaboo of Design Engineering was present representing Mr. Barker. Mr. Shaboo reviewed concerns which had been previously raised by staff and they are as follows$ 1 . It is the Town' s intention that Please this present roadwayshould hdeed remain as a private way. restrictions which would address this concern. 2 . Through the initial approval of this PRD the Planning Board reviewed and approved proposed facades for the dwelling units. In an effort to retain architectural unity the Board would like to have the applicant draft restrictive covenants which will focus the house design to a specific form and style of architecture. These covenants should be enforceable by the applicant at the time of construction. 3 . A question has been raised as to whether an application for approval of a Definitive Subdivision will be required to create the lots as shown on the modified site plan. I have requested that Town Counsel review this issue and report to the Planning Board. 4. A "No Cut Line" should be shown on the plans. This line p should be placed just outside the limit of work necessary for the construction of the roadway, dwellings and all clearing associated with drainage. Mr. Huntress presented the Board with a draft set of twenty four conditions prepared by Staff . P Mr Shaboo stated that he has presented draft covenants as requested to Staff. Christian Huntress stated that Town Counsel g Board. will review the iocunent s reort to the Plannin and P conditionalon approval inpformlbyrtheed could PlanningCBoardiprioratothese documents final bearelease. t Page 4: b. Condition number 25 shall be added which reads as follows: "The applicant shall apply for a Definitive Subdivision showing lots conforming with dimensional requirements found in Section 8. 5 of the Zoning Bylaw. " C. Condition number 26 shall be added which reads as follows: "Construction shall commence within two (2 ) years and be completed within five ( 5) years from the date of this approval. " George Perna asked if there was any further input from either the applicant or the public. Upon receiving no further input Mr. Perna asked the Board for a motion to close the public hearing. On a motion made by Richard Nardella and seconded by John Draper, the Board voted unanimously, including the Chairman, to close the public hearing and take the matter under advisement. on a second motion made by Joseph Mahoney and seconded by Richard Nardella, the Board voted unanimously, including the Chairman, to approve the modification of the original Special Permit issued on September 23, 1988 for Hickory Hill Estates, with conditions as drafted by Staff and amended by the Planning Board. Attached are those conditions. incerely / eor ejenWJ2r Chairman 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 HICROP,Y HILL ESTATES, PRD MODIFICATION Special Permit Modification. The Planning Board herein modifies the original Special Permit issued for Hickory Hill Estates, dated September 23, 1988. The Planning Board makes the following findings regarding this Special Permit Modification 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 preservation of open space; C. Protect waterbodies and supplies, wetlands flood plains, agricultural lands, wildlife, and other natural resources including maintaining the quality of water contained in Lake Cochichewick. D. Permit greater flexibility and more attractive, efficient, and economical design of residential developments; E. Facilitate economical and efficient provision of utilities; F. Meet the Towns housing needs by promoting a diversity of ihousing 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 Modification before us the Planning Board herein grants this modification provided the following conditions are met: 1. This approval is for work to take place within phase one of the proposed PRD as modified herein and shown on the following plans: Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS HICKORY HILL ESTATES - P.R.D. (APPROVED) NORTH ANDOVER, MASSACHUSETTS 01845 Dated: FEBRUARY 1, 1991 Revised: FEBRUARY 25, 1991 Prepared By: DESIGN ENGINEERING P.O. BOX 516 NORTH ANDOVER, MA. 01845 TELE. (508) 683-3893 Client: GEORGE R. BARKER JR. 1267 OSGOOD STREET NORTH ANDOVER, MA. 01845 Sheets: ONE THROUGH FIVE (1 - 5) 2 . Conditions one (1) through seven (7) as listed in the original Special Permit, approved 9/23/88, shall remain in full force and effect. The extent and natural of the Perpetual Conservation Restriction shall remain as originally approved. 3 . In order to meet the boards goal of minimizing site disruption, visual impact of the project and soil erosion on the hilly site, a no cut line has been placed upon the revised plans. Any clearing beyond the limits of the no cut line shall be subject to reforestation under section 5.8 of the North Andover Zoning Bylaw. 4 . In the proposed phase two (2) of this modification which must also come before the Planning Board, the applicant shall provide an easement to the Town of North Andover to allow for access to public lands located at the Mazarenko Farm. The easement shall be 10' wide and indicated on the plan with the following language. "A public access easement granted to the Town of North Andover to allow for access to public lands located at the Mazarenko Farm." Aiz easement document shall be prepared by the applicant at the time of filing for phase two (2) of this PRD and that document shall be recorded with the registry of deeds. 5. A 50 ' wide buffer area shall be provided from the perimeter of the parcel line which contains the proposed construction, as required by Section 8.5 6(d) . No pavement, cutting or grading shall be allowed in this buffer area. 6. A 20' wide sewer and water easement to allow the extension of these services to the land N/F of Carter shall be shown on the plan in accordance with the requirements of the Division of Public Works. 7 . The roadway and driveway shall not exceed grades of ten percent (10%) . The board shall allow these steep grades in an effort to minimize the disruption of the existing contours of the land. 8. The applicant shall adhere to Section 4.2 (Phased Development) of the existing bylaw. 9 . Any action by a Town Board, Commission or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, or changes in the grading, no cut line or perpetual conservation restriction shall be resubmitted to the Planning Board for review. 10. 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. 11. 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 Barker Street. b. Appropriate signs shall be placed on Barker Street informing motorists of the intersection. c. A "STOP" sign shall be placed as the proposed roadway exits onto) Barker Street. 12 . There shall be! no burying or dumping of construction material on the site. Also, there shall be no burying of tree stumps in the Watershed District. 13 . All lighting for this project shall be reviewed by the Planning Board. 14. The public access easement shown on the plans shall be adequately marked with wood poles starting at its barker street entrance. These markings shall be in the form of wooden poles placed every 500 feet along the roadway. These poles shall be 4 feet in height and shall contain the following language: "Public access to Mazarenko Farm, Town of North Andover. " Other language as approved by the North Andover Conservation Commission may be used. The purpose of this condition is to notify the citizens of the community of the existence of the access easement and help guide their journey to Mazarenko Farm through this project. 15. Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw. 16. The applicant shall provide a water connection to French Farm Village Subdivision in accordance with the standard of the N.A.D.P.W. . The applicant shall provide signed easements including those from abutting property owners. 17 . Prior to the Sale or development of the project, the applicant shall adhere to the requirements of M.G.L. Chapter 61A. 18 . In no instance shall the proposed roadway be deemed as a public way, accepted by the Town or receive Town services such as plowing or trash pickup. All Emergency services such as fire and police shall be afforded to this roadway. The applicant shall record restrictive covenants for each individual lot which states that the property fronts on a private way and as such the property owners shall be responsible for roadway maintenance, plowing and trash pickup. 19 . Due to the nature of the PRD bylaw the applicant shall record restrictive covenants which will insure that the architecturallstyle of the proposed structures shall be uniform in design. �I ♦ 1 20. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 21. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 22 . All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 23 . Prior to a Certificate of Occupancy being issued for any structure on this lot, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 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. TO" CF NORTH ANDOVER XASSACRUSEnS PLUM1110 Batrtn Fra APPLICATICH M BPECIAL PU MIT, Modification . XOTICE: 2h1■ applioation cruet M tTpsrritten Applicant %' , / Idd»ee/2ro-7 c Fy��D �.CE7, 1t�.E'tH '✓ZY�c f? .t9q 1. Application 10 heryby made O For c I�oL�1RIcATao under Section .�� , Paragraph of the Zonin C By-Law. Z. (a) Premises affected are land_X and buildin "� ga numbered�A�K�Gp Street. (b) Premises affected are props:-ty with frontage cm the North X South_ East. Went—side of '3��R Street, and known as Ho. Street. (a) Premises affected are in Zoning District 'R-2- , and the premises affeoted have an area of and frontage of feet. 3. Nnership: (a) Nagle and address of o►mer (if joint o+merehip, give all names): Date of purehaee 195tH Previous Owner C�Ytg aiE V-, (b) If applicant is not ounero check his interest in the przmises: .Prospective purchaser ,,,,_-Le s e e e "._Other (explain) d. Size of proposed building. ��' � � LiU�r front , _2t3�-Lic �r feet deep Height: 2�_stories; -5-?5r-T feet. (a) Approximate date of 4"ction CoA4mL jjcu,r W, T)A1U qO DAYS CI A9P%,j A.z__ (b) Occupancy or use (of each floor) F>Azcmjj :rr FQs-r f S4.c &jeoPJD t" (OGRS : �'%V% C'PA�- (p) Type of eonetructicn_\&/cx o �jaAtAE --- y. Size of Existing BuildingsNomi. feet front; feet deep Height:___stories fast* (a) Approximate date of erection (b) Occupancy or use (of each floor) (R) Type of construction S. Has there been a previous application for a Special Permit froom the Planning Board on these premises? �e If ao$ when MA ;e M oa:R[GAT,o�J I. Description of purpose for which is sought an this petition: A226jr-A-cloN is 1=oR MgptFlcA-tjON os- `.-PC_=YlAt F`p-+ .M(Z" +�e-_-V, LL<:e_Y G2Anr-r t=T� is AL_L4w P'oa FOt~TY CH c�w4 -AAi P {-' c-P.r� .holm _ ajJUSTi�__{z. L..C]r< N TO C.OUTALU C;-"O S:N r LG C=APAI L-Y `ZGSY jeZ s2bS TArzCCL T6 RZ�r-L,AC,.5 11=T'%(- S >x r40"'L" -) �iN�UM UNj rrs Tt OEUrOLU'-se;y MAv�e= 1 W dC<a(� h�.A�r !� �nl �'"rN �N'DrT�c N 3C �"� ol^ dCQE"1` Gid G�iN3�jTl�him COVE zpo P�P�tLcsVAL (over) Deed recorded in the Registry of Deeds in 3cok0C>'=- Page I or Land Court Certificate tlo4 Book Page She principal points upon whish I base P7 application art as follows: Gnat be stated in detail) A • .��jt"...5f1-----�.�nn c�rt�-r `�c t Ai �� 1= �n 'r�-3�1't` '7>� �t!�.5 Y f� Lam, i SCORN W I L W4 `t A AIA 'it}RT � C't� �pv L t> s> IT1! ITV w I L_ N1 1 N t M I, F T__N—nn q�I b �Jv 76w Lj .I agree to pay for advertising in newspaptr and postaes fee for =ailing legal . notice$ to Pasties in terest Petitioner's ei ature Eery applicati n for aotion by the Board shall be made on a form approved by the %rd. These forms shall be furnished by the Clerk upon request. Any communication -porting to be an application shall be irtated as here notice of intention to seek Lief until such time as it is made on the official application form. All information :led for by the form shall be furnished by the applicant im the'mwuier therein :scribed. Every application shall be submitted with a list of "Parties in Interest"'which ell include the petitioner, abutters, ewnera of land direotly opposite on any public private street or way and abutters to the abutters within three hundred (300) feet the property line all as ,they appear on the cost recent applicable tax list, notwitb— %nding that the land of any such owner is Iocated in another city or town, the Plan— ig Board of the town and the planning board of every abutting city or town, LIST OF PARTIES IN 1NTERE'ST LDDR ES 5 I ADD A.DDITIC14AL BE=D IP NL>✓ESSJIRT. a c�3n z +r �bNIC3�11,80 `<1_,7.2-0(y -�FS+M-23:9H1CD t -7-1Qw0 -A + Y, VV USIA C/ 3 15 -rJ ��y ��71 dL5O�Jb flL4op i - Q!*A� 1'✓ �JYi� Q-7� d Jty'7'�� Gl'.�C7L+p�"7� QyC cl>SL! sVytfQd tiv�x�--,,/��1 i 2a l c� 2-"�nPZ n, NV s.�-'�`�J1-C� ��'�hJ'�•j� 6� i_L G�1�d� � � d +'f'71k},.�t 171-5 :Z-j S?��b� Qzv�dObv<-� 'D+7sc- otvbJfvlfyy ' b 1 21LS cT7J a�i�� 0N79Nyw r . 4)(V. ywCQ c11ED "VV 7)t3 Q rQ } 1 'a0�`73k1� � -::i j71a�3�a�- awo� w � "Cunn zi ��! »ria wvI7�ZJM o`40z�> wave asraZ�L W tib H�cv� � t7Z Z zi 2Jiw-L*ia, -4--p t�IW AvyV NMcg atnC)qVi)V- 14j:MrO ' ,ate cwrmaL .L'V-d-,-5 ti��2sbc�� 9� N AL-LO b 'L+tom s wel TVOI�.Yj71�1QOln/ :j.�•�?�lt� �� SJs�LL'r►8� �o ,LS1-� I y c�rn W tp� C3 T- m : enc= i G L �ti1 FORM B APPLICATION FOR APPROVAL OF A PRSI,IMINAiiY PLAN 31/ ? , 19 �/ To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 111, Section 61-x.9 for approval of a proposed subdivision shown on a plan entitled By C-1 dated // 19 � being land bounded as follows: >o/ f� 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. , �o �r ' Title reference'. North Essex Deeds Book Pag6 . or Certificate of Title ND,.v Registration Book.,, Page.; or Other: Applicant's aijoAturst Received by Iowa . •�� •- Date. Applicant!s addr s s r - 7 MAR Time: I 1981 O Signature: O:mer's signature and address. if not the applicant: Notice to APPLICANT/TOWN CLIC of Action of Planning Board on Preliminary Subdivision Plan entitled: By: dated 1. The North Andover Planning Board has tentatively approved said plans with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plant for the following reasons: 3. The North Andover Planning Board has tentatively approved said plans subject to the following modifications thereof: Very truly youres RMTH ANDOM PLANNING WARD B Date: FORM B APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN , 19rL To the Planning Board of the Toros of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—L, for approval of a proposed subdivision shown on a plan entitled By, CC �/ S S'cjc /,,¢ _ dated �� , 19 � being land bounded as follows: c r .q L C C ,f�'✓�'� �;� l - �.�Z�_� ��`1_,C�l—'vim 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, Pageu�n; dor u d57 Certificate of Title No. , Registration Book.— , Page -V or Other: Applic signature: Received by Town Clerk: Z% 2 44 Q Date: s� 1 'a ,S Applicant*s eildress Time: 1319 Signature: '~ .. 81 `° Owners signature and address if not the �MHt y applicant: 'b ti 2 VZE I • 7 Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary Subdivision Plan entitled: COMMERCE PARK (7 NORTH ANDOVER By: JOHN CALLAHAN AND ASSOCIATES dated FEaRUARY 11 , 1981 1. 2. 3. The North Andover Planning Board has tentatively approved said plans subject to the following modifications thereof: (See attached for conditions of approval) O�O��p 11 12 r3 Iry q O S Very truly Y 's, co NORTH ANDOVER PLANNING} BOARD co o By PAUL A. HEDSTROM, CHAIRMAN �o oti �0�o ba Eat `Z Date: April 29, 1981 f.. v ,, 'Conditions of Approval - Commerce Park of North Andover - Preliminary 1 . As per the Board of Health letter dated April 6 , 1981 , results of percolation tests and soil survey test shall be shown on plan . Percolation and soil surveys shall be conducted on all lots prior to Board of Health approval . 2 . As per Fire Department letter, two triple outlet hydrants shall be installed on the proposed road . 3. As per the Board of Public Works letter , dated March 27 , 1981 , existing and proposed water mains and services shall be shown on the plan . 4 . In accordance with the Highway Surveyor ' s letter, dated April 6 , 1981 : a) Road width shall be 30 feet with 4 foot graveled shoulders . b ) Hottop thickness shall be 3" binder and 2 " finish coat . c) The proposed cul -de-sac shall be extended to the end of Lot 3 . 5 . Approval from the Massachusetts D. P .W . regarding curb cut and drainage . A permit to enter the State Drainage system accompanied by supporting drainage calculations must be submitted at the time of Definitive Subdivision submission to the Planning Board . 6 . The Definitive Subdivision Pian shall be accompanied by drainage calculations regarding the cul -de-sac drainage and any retention area . 7 . The Definitive Subdivision Topographic plans must include a proposed site grading plan . Drainage calculations will reflect pavement , building , and green area . , Note : The developer should be aware of the fact that although the drainage system is required by the Planning Board ' s regulation , approval of such subdivision will not relieve him of responsibility to other property owners upon whose land he discharges water , directly or indirectly . r Form 81 P - 4 (1963) North Andover Planning Board NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIBED BELOW, BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of Plan: Mr. George R. Barker, Jr. January 4, 1971 1267 Osgood Street North Andover, MA 01845 Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: Pursuant to the provisions of G.L. c, 41, ss, 81 P and 81 T, you are hereby notified that the plan described below has this day been submitted to the North Andover Planning Board for a determination that approval of the same is not required by the subdivision control law, EXACT TITLE OF PLAN, with date and name of Surveyor: Plan of Land in North Andover, Massachusetts (A Division of Land Plan) , dated December 14, 1970, by John Callahan Associates , Engineers and Surveyors. Description of land "sufficient for identification": A certain parcel of land being-a portion of the George R. Barker, Jr. farm, as recorded in the Northern Essex Registry of Deeds, Book 1102, Page 13, and containing 17 .217 acres and more generally described as follows: The second parcel of land on the Northeasterly side of the common intersection of Osgood Street (Rt. 125) and Barker Street in North Andover, Mass. , the Southwesterly-most corner of said par- eel being by two courses and distances N 430 36 ' 09" E, 91 .47 feet and N 370 56 ' 39" E, 147. 95 feet along the Northeasterly right of way of said Osgood Street from the apex of said inter- section of Osgood Street and Barker Street. Title reference: North Essex Deeds, Book 1102, page 13 - Attorney for Applicant: XK2Z tW James Champy Very truly yours p,, ek A licant 4 OFX OWMX ey y N.ANOOVE,. MASS. sca�sa.■�rruv JOHN FRANKLIN CE. - IAWREMCE MASS, ' $' 52 53 2 MSO $ 0590 5960 b CD 74 51 54 L 4780 ° 2 r - 3000 -_ .5000 - 11 .5000 -50 p•..•. tis '. � �<.'-• '`�`_ � CD h 26 soon s000 47' al� 9000 ,. Mr ' 49 56 724 6 0 1 1 5 6000 s000 M6 Bedd asoo s000. 090 ., U) 7[ VI 48 57 ?1 u 5 12 24 .IYr5 6000 s000 9145 8160 dd00 d000 d0 so _ - .e7 47 5$ 70 6695 9900 6000 -.ns - .�_.,_.- -. •.. .. [� q 46 59 69 Soo. 6G46 .6696 as o0 6000 � 4000 -_� y 0 �. O W 21 � 45 sO s8 ' 15 Y d... 2 56 do.. O 6044" . SY93 SdOo SOo. 000. O }� ° i y -44 4 61 IL 67 18 20 57 1; seas 3g00 m so 00 Z s000 o � 45 B 2 f, 6 1958 eoe0 Soo- too 100 00 i 41 42 6a: 64 ssa 17— --18 A 40 a-fsr Lai— fro ' E5c0-TT F= Twenty or more of these lots are plledged be sold without limit or reserve to the highest 4 bidders at ABSOLUTE AUCTION E on Tuesday, the 20th day of October, a 1903, at 2.30 o'c1ocK Y SALE RAIN OR SHINE. ' E. CONANT & CO., Auctioneers. f A . Olfiae. I.owell, Maas. I i f v .. A . . . to eyY•x: :�.;••a»,.r•-v�wy^..___---' ___...ll,,:.. -._ _ _._:......e-.�—.—.—J.=�:--�it•,��E!_ . . .,k L� � k4 �y . � L a _ � - � W.y„ '. _�'.1 $ � §J/�•� {y. ,lam? L �F L 4�.. � 4 yP5 e. y jy Y • L '� � Y 4 rr Oversized Maps on file with the Town i