HomeMy WebLinkAboutFORESTA, ANTHONY P6AMhIMG 80A80 Q�;re;eD
TOWN OF NORTH ANDOVER OA?11E!.. .GiIG
MASSACHUSETTS TO '4t, FaR
NOR P, A?6,0YER
A
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'asACNVseS
NOTICE OF DECISION
Date. . . . ,October. 20, .1986 . . . . .
986
Date of Hearing Jul .21;. . . . . . . .
Petition of . . . . . .Anthony J. And .Ellen .Foresta. . . ... . . , . . .. . . .
Premises affected . . . . .Lot .21. Village ,Way.. . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . .
. . .
Referring to the above petition for a special permit from the requirements
of the . , , , Section 4 . 133 (d) . of .the, North- Andover .Zoning,Bylaw, . . _. . . .
. . .. . . . . .. . . . . . . .
so as to permit . . the construction: of a_ single, family ,dwelling. and . ,
. . . . .
associated structures within 100 feet of a wetland tributary to
. . . . .
Lake Cochichewick.
After a public hearing given on the above date, the Planning Board voted
conditionally Special Permit
to •grain, . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .
based upon the following conditions:
Signed
d
Erich W. Nitzsche, Chairman
. . . . . . .. . . . . .
Michael P. Roberts, Vice-Chairman
John L. .Simons, Clerk
. . . . .. . . .
Paul A. Hedstrom
. . . . . . . .. . . . . . . .. . . . .. ... . . .. . ..
.. . . .. . ..
John J. Burke
. . . . . . .plannii g " B.oard. ... . . . .
Any appeal shalt be filed MUM 8ra
wlthtn(20)do"SW the 0 A rs z E
�� }� TOWN OF NORTH ANDOVER TM#�i ;
of fNk* 120 Main Street
In the Offift Of 00 TMn North Andover, MA. 01845
CIWL 685-4775 QCT t l 4 I8 Pfd
NORTH
F 9
i
�B4ClIUS�
October 20, 1986
Mr . Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
RE: Lot 2 - Village Way Special Permit - Watershed District
Dear Mr . Long:
The Planning Board held a public hearing on Monday evening, July 21,
1986 in the Town Office Meeting Room upon the application of Anthony J.
and Ellen Forestal 217 Brentwood Circle, North Andover , MA. The hearing
was advertised in the North Andover Citizen on July 3 and 10, 1986 and all
and all abutters were notified by regular mail. The following members
were present and voting: Erich W. Nitzsche, Chairman; Michael P. Roberts,
Vice Chairman; John L. Simons; and John J. Burke.
The petitioner seeks a Special Permit under Section 4.133(d) of the
Zoning Bylaw so as to permit construction of a single family dwelling and
associated structureswithin 100 feet of a tributary to Lake Cochichewick.
The site in question is known as Lot 2 Village Way located on the North
side of Village Way in a Residential - 2 and Watershed District. Lot 2
has 44 ,427 square feet of property with 150 feet of frontage. The
proposed size of the dwelling be 61 feet front; 41 feet deep; height two
stories, totalling 24 feet.
John Burke read the legal. notice and opened the public hearing. A
letter from the Board of Health was read into the record. Mr . Ralph
Barbagallo, representative for the Foresta' s discussed the proposal and
informed the Board of the following:
it
V
a
- Subdivision approved in 1981 with construction commencing
in 1985;
- Two previous Special Permits have been approved by the
Board;
- The applicant created the onsite ponds, thus expanding
the wetland tributary in the Watershed on Lot 1; The
dwelling proposed for Lot 2 is within 58 feet of the pond
that feeds a brook that flows toward Smolak Farm;
Mr. Christiansen, consultant for Mr. Foresta responded to the
Boards inquiry as to work limitation, which will be 20 feet to the
edge of tributary. The disturbed areas will be hydroseeded prior to
any construction. The subdivision will be on public sewer versus
individual septic systems.
Mr . Foresta requested approval of the Permit minimize extensive
regrading near the tributary and allow the dwelling to remain per
plan to eliminate the tree cutting that would be involved if the
location was shifted. No filing is required by the NACC, per Mr .
Foresta.
There were no comments from any residents present at the
meeting.
MOTION: By Michael Roberts to take the matter under advisement and
close the public hearing.
SECOND: John Burke.
VOTE: Unanimous.
NOTE: The Board shall make a decision within 90 days of this
hearing .
The petitioner appeared before the Planning Board on September
22, 1986 to submit material concerning Lot 2 Village Way. IEP has
,been contracted by Mr. Foresta to determine what and if any
contamination has taken place in the pond in the Village Woods
Subdivision. The report is due in approximately one week.
The following list of materials have been submitted for review
and consideration for the Special Permit: Plan dated February 5,
1982 prepared for Anthony Foresta by Frank Gelinas for Lot 2 (one
street) ; Revised plan (no date)with proposed dwelling moved 64 feet
from tributary; Letters dated 8/12,8/21,8/29 & 9/12/86 from NACC;
Correspondence dated 9/8 & 9/23/86 from IEP; and Water Quality
Report dated 10/2/86 from IEP; Letter dated 7/10/86 from Board of
Health.
The following members were present and voting at the October 20,
1986 Planning Board meeting when the board rendered their decision:
Erich W. Nitzsche, John L. Simons, John J. Burke and Paul A.
Hedstrom.
Upon a MOTION made by John J. Burke and SECONDED by Paul A.
Hedstrom, the board voted unanimously to conditionally GRANT the
Spepial Permit request as shown on plan dated February 5, 1982
revised and received September 22, 1986 for Anthony Foresta to allow
the construction of a single family dwelling on Lot 2 subject to the
following:
1. The proposed dwelling on Lot 2 shall be located at minimum in
the field 64 feet from the existing pond (tributary) . This
provision will permit the dwelling to conform within the zoning
jbylaw requirements. Plans shall be revised to accommodate this
! change. The septic system will not longer be required on said
site due to the sewer installation.
2. Security in the amount of $10,000 shall be retained to insure
the town that the erosion control program is effective as
determined by the Planning Board or designee. The Planning
Board shall retain the authority to enforce the bond if
precautionary mfeasures are determined inefficient.
3. Construction shall coincide with the required mitigating
measures:
a. Minimize the removal of excess soils from the property;
b. Provide permanent siltation control in the form of loam
and seed or bark mulch;
c. Prevent the use of fertilizer or grassed areas in the
foot buffer zone to the tributary;
d. Provide rubbish removal and sanitary facilities for
contractor and crew during construction.
4. Provide the Planning Staff with a list of builders and
contractors involved during construction.
5. i Decision to be recorded at the Registry of Deeds and forwarded
to the Planning Board prior to construction.
6. Tree cutting will be permitted for house and driveway
construction. Any additional tree cutting will require review
by the Planning Board.
7 . House corner locations to be staked prior to obtaining a
building permit.
8. The applicant shall forward ALL materials associated with the
Water Quality monitoring program to the Planning Board on a
continuing basis. The Planning Board reserves the right to
periodically review, on a 90 day basis , the approved Special
Permit based on data submitted from IEP Consulting Firm.
Furthermore, a condition of the Special Permit shall
specifically state that any time during the next four (4) years
the Planning Board finds the project does not conform to the
Water Quality Program, the Board reserves the right to seize the
$10 ,000 security and utilize said funds to correct said
nonconformity with due notice to the applicant.
i
In granting this Special Permit, the Board finds prusuant to
Section 10 .31 - CONDITIONS FOR APPROVAL,that the following
conditions are met:
- The specific site is an appropriate location for the dwelling
based on its relocation. Any additional land disturbance
beyond the recommendation of the Planning Board will NOT be
allowed;
- In compliance with the plans the use will NOT adversely affect
the neighborhood.
- There will be no nuisance or serious hazard to vehicles or
pedestrians with approval of this permit.
- Adequate and appropriate facilities will be provided on the
site to service the proper operation of the site for future
residences.
- Based on site visits , public hearing process, and review by
town boards, the construction activity is considered to be in
harmony with the general purpose and intent of the Zoning
Bylaw.
4. Adequate and appropriate facilities will be provided on the site
to service the proper and efficient operation of the proposed
uses. Town water and sewer will be provided.
Sincerely,
PLANNING BOARD
000
Erich W. Nitzsche Chairman
EWN:nrs
cc: Highway Dept.
Board of Public Works
Tree Department
Conservation Commission
Building Department
Board of Health
Assessor
Police Chief
Fire Chief
Applicant
Engineer
File
FORM c
` APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
July 1 , 19 81
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41, Section
81-L# for approval of a proposed subdivision shown on a plan entitled
Definitive Subdivision Plan of "Village Woods"
by Frank C Gelinas & Assoc , Ic dated ,117/R1
being land bounded as follows: See attached cleacri mi-i on
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book '128j Page 387 ; or -
Certificate of Title No. Registration Book , page ; or
Other:
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved ( on 19 •
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby, agrees to abide by the 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 Towne
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 oresaid installations and construction within two (2)
years f ereof.
Received
atu
m Signre of Ap�lieant Anthony J. Foresta
Date:
33 Hiahwood Wav -
Time: m
North Andover MA
Signature::"! Address
oe�Za lD VZ�ZZ
Notice to APPLICANf/TOWN CLERK and Certification of Action of Planning Board •
on Definitive Subdivision Plan entitled:
By: dated 19
The North Andover Planning Board has voted to APPRM said plan, subject to the
following conditions:
1. That the record owhners 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 7b; G.L. c. 419 S. 81-U,
2. That all such construction and installations shall in all respects
conform to the governing es and regulations of this Board.
3. That, as requiredl'iby the North Andover Board of Health in its report to
this Board' no building o other structure shall be built or placed upon Lots,
i
NO. as shown on said Flan without the prior
consent of said Board of Health*
k. other conditions: -
t
i ..
W
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan*
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
i
NORTH ANDOVER PLANNIM BOARD
Date: By:
I_
BOUNDARY DESCRIPTION
Beginning at a point on the southeasterly corner of the
property where the stone wall intersects the Essex County
layout of Dale Street; thence in a westerly direction by
the northerly sideline of said Dale Street layout a distance
of 235.19 ft. to a stone wall; thence in a northwesterly
direction along the stone wall by land NIP of Glennie and
Leland; thence in a northeasterly and southeasterly direction
in four courses by land NIP of Melrose Investment Trust,
Landsails, Inc. and Hannon to a stone wall at land NIP of
Smolak; thence in a southerly direction by said land NIP of
Smolak along the stonewall to the point of beginning.
Containing 11.2 acres, more or less.
July .1 19 1
To The Planning Board of the Town of north Andover:
Definifive Subdivision Plan
In preparing the plan entitled of "Village Woods"
I hereby certify that the above namod plan and accompanying
data is true and correct to the accuracy required by the
• I
current Rules and Rogulationo Govorning the Subdivision of
Land in North 1ndover, N.assachuoottst and my source of -i
Information about the location of boundaries shown on Bald
plan were one or more of the following;
1 . Deed from Landsail, Inc, to_•,_Anthonv Foresta
dated 1976 and recorded in the_
North Essex Registry in Look 1___IL83-- • paBe '187 .
2. Other plane, ac follows confirmation Land Court plan
3. Oral information furninhod by.
4 . Actual moasurement on the ground from a starting point
established by Existir_� ,man of inn nn Ri�r+t*p- --
referenced plans.
5. Other sources
i
a
AT
Signed
(RegistaA d Professiolal Engineer
(Seal of Engineer or P.egistored Land Surveyor)
Frank C. Gelinas & Assoc Inc-.
or A�-�N o MAs 451 Andover Street
�ti s9� North Andover MA 01845
FRANK yN Address
f C.
0 GELINAS y
0 4 No. 2273840 e
�oF�Gfs-r-
FSS/oNAI F�6
CrRTIFIFO LIST OF A-5JTT-RS
July 1 , 19 81 I
• is
To The Planning Board of the Town of North Andover:
The undersigned , being an applicant for approval of a
definitive plan of a proposed subdivision entitled ;
Defini iyP Subr3i tri ai nn P1 all of "Vi] Z agP �•*__a u
sulmits the following sketch of the land in the subdivision
listing the names of the adjoining owners in their relative
positions and indicating the address of each abutter on the
sketch or in a separate list, including oN,-ners of land
separated from the subdivision only by a street.
Signature oflicant Anthony J. Foresta
is
Address
33 Highwood Way
' I
North Andover, MA
, Massachusetts
19 }.
a
To The Planning Board of the Town of North Andover:
This is to certify that at the time of the last assessment c
for taxation rade by the Torn of North Andover, the names
and addresses of the parties assessed as adjoining owners
to the parcel of land shoe%m above were as above written,
except as follows :
Assessor
VILLAGE WOODS
ABUTTORS
George W. Glennie
21 Wolcott Avenue
Andover , MA 01810
Edmund F. Leland III
254 Great Pond Road
North Andover, MA 01845
Melrose Investment Trust
c/o Vincent Fantasia
7' Intervale Terrace
Reading, MA 01867
James H. and Barbra B. Hannon
236 Bridle Path
North Andover, MA 01845
Martin, Helen R. and Michael 5molak
315 So. Bradford Street
North Andover, MA 01845
Landsail , Inc.
170 Great Pond Road
North Andover, MA 01845
i
PRANK C. GELINAS AND ASSOCIATES INC.
ENGINEERS & ARCHITECTS - LAND PLANNERS
FRANK C.GELINAS.A.P.E.,R.L.S. NORTH ANDOVER OFFICE PARK
$COTT L.GILES.R.L.S. NORTH ANDOVER. MASS. 01645
TELEPHONE 687.1483
JOSEPH D.LA GRASSE,A.I.A.
July 6, 1981
Mr. Anthony Foresta
33 Highwood Way
North Andover, 14A 01845
Re: Percolation Test, Village Woods, North Andover, MA
Dear Mr. -Foresta:
In compliance with your request, I have conducted percolation
tests and test pits on a parcel of land known as Village Woods
located in North Andover. The results of my findings are
summarized below. These tests were conducted on May 2, 1981.
Test Area 1
Test Pit Percolation Data
30" top and subsoil 12" - 9" 12 min.
60" bony till 9" - 6" 27 min.
no water
Test Area 2
Test Pit Percolation Data
24" top and subsoil 12" - 9" 15 min.
52" bony till 9" - 6" 27 min.
no water
Test Area 3
Test Pit
24" top and subsoil
52" bony till
water 4' 6"
Test Area 4
Test Pit
24" top and subsoil
48" bony till Frank C. Gelinas
Water 416" Registered Professional Engineer
QA L
c � y
FORM A
I
APPLICATION FOR ENDORSEMENT CF PLAN
BELIEVED NOT TO RMUIRE APPRWAL
October L. 19 76
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 Lax is not
required. The undersigned believes that such approval is not required for the
following reasons:
1. The division of land shown on the accompa:ging 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 namelyp
or a private wady namely
Hishwood Way • being land bounded as follows:
Daly Crittenden• Raney & Abdinoor
2. Title reference: North Essex Deeds• Book • Page ; or
Certificate of Title No.. • Rsgist�ration Book • page ;
or Other:
Parcel "A" to be transferred from Abdinoor to Forests
Parcel "B" to be transferred from Foresta to Abdinoor
Received by T a �s Applicant's si tureC�
r CEIVEU
�1)
Date: Applicant's ad se
u,o 0 33 Hiahwood Way._ north Andover. Ma.
Time: 1(Ji�l J. LYONS
'I��CLERK �.
Signature. '
anatvE2 s, tiZ
\� e0 Owner's signature and address if not the
applicants
Notice to APPLICANT/';TOWN CLERK of Action of Plansing Board on
Accompanying Plan.
1. The North Andover Planning Board has determined that said plan does
not require approval under the subdivision control lav# and the
appropriate endorsement has been made upon the same.
2. The rt o _YG
a that
a i as of s. 1— Ybe ubmitted to forander the ubdi on lax.
Very truly yours,
NORTH ANDOVER PLANKID BOARD
By
Date: —�M /�
FORM A
APPLICATION FOR EENT OF PLAN
BELIEVED NOT TO RMQUIRE APPROVAL
19 16
To The Planning Hoard of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determine
tion by said Board that approval by it under the Subdivision Control Lax is not
required. The undersigned believes that such approval is not required for the
following reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North Andover Zoning By—Law and is on a public ways namelyl
or a private ways namelyq
IEWaMwt 1 being land bounded as followa:
061h 001t#te4 AMW • A
2. Title reference: North Essex Deeds, Book 9 Page ; or
Certificate of Title No. , Register r t� n Book., pap.;
or Other:
Ywea raw to be UnatMla d 9Mrr: Abdiaw t! hOWU
Received by Town Clerk: Applicant's signature
Date:._,_,,` Applicant's address
f3^
Time: 4._
c ,
Signature:
` Owner's signature and address if not the
applicant:
Notice to APPLICANT/TOWN CLERK of Action of Plaming 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
appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows
a subdivision, as defined by G.L. c, til, s. 81-L, and must therefore
be re-submitted to it for approval under the subdivision control law.
Very truly Y'our's•
NORTH ANDOVER PLANNING BOARD
B
Date:
aa�
MASSACH �����
Cf NORiN SEP V5 ,Y1
9
t
I s.
98�CH
September 30 , 1981
Notice to : Town Clerk
Applicant
Engineer
Subject Village Woods Definitive Subdivision
At its September 28 , 1981 meeting , the North Andover Planning
Board voted to revise condition No . 10 in their approval of the
above captioned subdivision . The revision is as follows ,
10 . A 30 foot utility easement shall be installed from proposed
terminus of cul -de-sac Northerly to join an existing 30 foot
utility easement on abutting property Lot 19 Bridle Path ,
owned by Melrose Investment Trust and Lot 20-A Bridle Path ,
owned by Landsail , Inc . Location of said easement shall be
approved by the Board of Public Works and shown on the defi -
nitive plan .
In the event that the developer elects to install a water main
in the Village Woods Subdivision , he will continue to run the
water main to the properly line at the Bridle Path Subdivision
in accordance; with the Board of Public Works requirements .
Kindly make the above correction to your copy of the Board ' s decision
for this subdivision .
I
I�
DANIEL. L AG
TOW"$ CL4:13K
NOR'1! ANDOVER TOWN OF NORTH A=OvM
MASSACIiUSETTS
JuN 21 Il 5t AM '86 PLANN'UG BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This a,..
pplieation must be typewritten
,.
Ellen forests
1• APPliAddress217 Brentwood Circle No
oation is hereby made Andover, �-
(a) For a Special Permit under Section 4.133
2. (a) Premises r Paragraph D of the
affected are land --� Zoning By—Law
Village'-%Y offDWe street. and Of
Lot 2
(b) Premisee ,affected are property with
East West Street,
,r,side of Vill frontage On the North
Noe awe WXds Wa YL- South
:16 119 and known as —`
(c) Premises affected
have an area of are s Zoning District R?
: 427 s uare feet•and ---' and the premises
3 Ownership, frontage of f affected
• ----_feet.
(a) Name and address of
Owner e
x
(i
Y J• Foref
sta and Ellen Forests
Joint' ownership, give all names);
Date Of, Purchase 6-4-76
(b) If aPPlicPrevious
' Owner Larldsail Inc.
ant is not owner, check hisintere
._Prospective purchaser It in the premises:
Lessee
_Other (explain)
4• Sizeof proposed buil
Height: ie61' 00'
� nt; 41nlfro
feet. feet deep
(a) Approximate date of erection
(b) OccUPanc 1986
y or use (of ,each floor)
`C) Type of const
ruction Wood Frarna
5- Size of Existing Buil
Height:�``stories• feet front;
(a). Approximate .feet. -- � feet deep
date of erection
(b) Occupancy or use (of each floor)
(0). Type of constxvction
69 Has there b
on these bee', a pre?n°us application for S
Premises?
if so n0 Special Permit from the pl
r when arming Board
7• Description of
Purpose for .which S
Construction a si le family d*lli Pecxal Permit iy sought on this
n9 and associates structures as shown on plan previousi-y —
sutmitted said lan entitled iWinitive Subdivision of Plan of Villa
revised Februa. 5, 1982. Village Hbods nb. Andover %rch 1The
1
--;mPo�,construction is within
proposedstruction will n 10D feet of a wetland tribuja
exter>d intp rY toLrke Cochichewick. �
area.
(over)
8. Deed recorded in the Registry of Deeds in Book_ Page 387 or Land Court
Certificate No. Book Page .
9. The principal points upon which I base my application are as follows: (must be
stated in detail)
The proposed construction is Adjacent 11!o but-ik into `the wetland area.
The proposed construction will allow the utilization of the land in conformance
with its main land useldesignation wih minor envirorrnental effects. The Proposed
construction is adjacent`tA`but not into the wetland area.
I agree to'pay for advertising in newspaper and postage fee for mailing legal
notices to "Parties 'interest".
Petitioner's signature)
Every applicati for _,otion by the Board 'shall be made on a form approved by the
Board. These forms shall be furnished by the Clerk upon request. Any communication
Purporting to,,be. aa application shall.be treated as, mere notice "of intention to.seek.
relief,until such.time as •j,t is made on 'the official application form. All information
called for
by the form shall be furnished by the applicant in the manner therein
prescribed.
Every application shall be submitted with a list of "Parties in Interest" which
shall include the petitioner, abutters',` owners' of land directly opposite on any public
or private street or way and abutters to the abutters within three hundred (300) feet
of the property line all 'as' they appear on the most recent applicable tax list, notwith-
standing that the land of any such owner%is located in another city or town, the Plan-
ning_Board of the town and the•planning board.of" every abutting city or town.
LIST OF PARTIES IN INTEREST
NAME ADDRESS
1. ATWW and Ellen Foresta 217 Brentwood Circle, Porth Andover, Ma.
2. QDF Trust, Frederick Flather III, Tr., 90.Main Street, h*ver, Ma.
3. CeDrge W. Glennie, 21 Wolcott Avenue, Andover, Mass.
4. Fobert W. and Patricia Jasinski, 490 Dale Street,;`No. Andover, Ma.
5. Melrose InvestTent Trust, c/o Vincent Fantasia' 60 Terrace Park, leading, Ma.
6. Leon Asodorian, and argelo Cristaldi, 14 Appleton St., Pb. Andover, Ma.
7. Martin and Fblen Swlak, 315 So. Bradford St., Pb. Andover, Ms.
8. Wco Trealty Trust, Paul G. Cote et al Trust, 23 Arlington St., Lowell, Ma.
ADD ADDITIONAL SHEETS, IF NECESSARY.
St
i
_ FORM C
APPLICATION FOR APPROVAL CP DEFINITIVE PLAN
July-l .�.9 19 .81
To the Planning Board of the Tom of North Andover:
The undersigned, being the applicant as defined under Chapter 43.9 Section
81-L, for approval of a proposed subdivision shown on a plan entitled
Definitive Subdivision Plan of "village Woods"
by Frank C. Gelinas & Assoc. . Inc. dated 3/17/Ri
being land bounded as follows: a attached s .r; nt; on
hereby submits sa1A plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeda, Book __4 Page 387 ; or
Certificate of Title No. , Registration Book_.# page ; or
Other:
Said plan has( ',) has not(x) evolved from a prem plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved ( on , 19
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board* and in furtherance thereof hereby agrees to abide by the 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 Boning by—laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To c9mplete 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 oresaid installations and construction within two (2)
years fr ," ereof.
Received
Date: $. Signature�oY ApASirtant Anthony J. Ioresta
Time: :a _ 33 HiaLwwood Way
Signature:" Np.rth' Andover,MA
Address
aZ
+D0 qZ
Notice to APPLICANP/TowN CL= and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: "VILLAGE WOODS"
,
By: Frank C. Gelinas & Associates dated March I7 9 19 . x,.
eee * * *
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record ;owners of the subject land forthwith execute and record
a "covenant running with the land"g, or otherwise provide security for the con—
struction of ways and the installation of municipal services within said sub—
divisiong all as provided by G.L. c. 419 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'„ that individual septic system permits must be
obtained prior to the issuance of a building permit from the Board of
Health under the Rules and Regulations of Title "V" of the State sanitary
code ; and that the developer shall , prior to the sale of individual
lots to individual owners , submit to the Board of Health percolation 0
tests showing the suitability of said lots for the installation of
subsurface disposal systems for single family dwellings ; however, succi
restriction shall not prevent the mortgate of said lots or the sale- to
developers or home builders against whom this condition shall also reliain
applicable and enforceable until complied with .
(See attached)
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 formas approval upon said plan.
+�awawar
IL M al t � -
V tWY N ANDOVER PLANNING BOARD
Dates AIS *: ..Michael P. Roberts - Vice rhai rman
ORDER OF CONDITIONS Page 2 REMYEo
DANIEL LONG
' VILLAGE WOODS
NORTH ANDOVER
September 1 , 1981 SE? z 12 02 PN eel
4 . That no work shall be done in the subdivision until security in
the form of a bond or covenant has been duly recorded and the plans
are signed and recorded .
5 . That any changes made to the definitive plan by other town agencies
or officials shall be submitted for approval to the Planning Board
by the applicant .
6. All street trees shall conform to the Tree Warden ' s specifications .
7. A Notice of Intent , if applicable , shall be filed with the North
Andover Conservation Commission pursuant to M .G . L . Ch . 131 , Sec. 40 .
If applicable , a Certificate of Compliance shall be obtained from
the Conservation Commission for any order of conditions prior to
the final release of any bond or covenant .
8. Said plan shall comply with Section 4 . 133 of the North Andover
Zoning By Law.
9 . All water utilities shall be constructed in accordance with the
Board of Public Works letter dated .July 17 , 1981 and Board of Public
Works specifications .
10. An eight inch water line and an associated 30 foot utility easement
shall be installed from proposed terminus of cul -de-sac Northerly
to join an existing 30 foot utility easement on abutting property
Lot 19 Bridle Path owned by Melrose Investment Trust and Lot 20-A
Bridle Path owned by Landsail Inc . Location of said water line
and easement shall be approved by the Board of Public Works and shown
on the definitive plan .
Per a vote of the Planning Board , condition No . 10 will be reviewed by
the Board again on September 14 , 1981 for possible reconsideration .
11 . In accordance with the Tree Warden' s letter dated July 15 , 1981 , a
bond shall be posted in the amount of $1 ,300.
12 . In accordance with the Highway Surveyor ' s letter dated July 20 , 1981 :
a) Street opening permits shall be obtained prior to any work
being done on existing street drainage ;
b) Tops of catch basin frames shall be 3 inches below pavement ;
c) Crown on street shall be 3/8 inch per foot
d) Eight foot shoulder areas shall be seeded with hay seeds and no
bark or mulch or woodchips shall be placed in shoulder areas ;
e ) A minimum of 30 inches of cover shall be placed over all drains ;
f) Drainage easements shall be fully dimensioned on plan ; all
drainage easements shall be deeded to the Town of North Andover
and shall be submitted to the Planning Board prior to endorsement
of said plant
e
RECEIVED
ORDER OF CONDITIONS Page 3 DANIEL LONG
NORTH ONANDOVER
VILLAGE WOODS
September 1 , 1981 S 1 12 o2
12 . continued
g) A plan showing location of underground uti-lities will require
a plan of approval and shall be submitted prior to
of binder coat .
h )� The cul -de-s sho d be ed No rt ly to provide ctical
th or fu a dr way i ing s o
Per a vote of the Planning Board , condition No . 12 h will be
reviewed by the Board again on September 14 , 1981 for possible
reconsideration .
i ) The applicant shall submit a detailed design of the proposed
concrete weir to substantiate the integrity of footings ;
underscoring , protection of seepage around ends and frost
protection ;
j ) Drainage pipes in proposed subdivision shall be repositioned
vertically in the drain manhole at Station 2+27 so that crowns
of pipes are equal in elevation ;
k ) Binder coat shall be applied no later than August 315 1982 ;
1 ) All improvements in said subdivision shall be completed no later
than July 31 , 1983.
w
RECEIVED W11111 HUI
DMIELLO OWN OF NORTH ANDOVER
TOWN CLeRR
NORTH ANDOVER A MASSACHUSETTS
'SLI[e wf11
30 L 3e 1 �'1 tlORip
r�ty..l0 •y,�•�
F3 w
A
September 30 , 1981
Mr . Daniel Long , Town Clerk
Town Office Building
North Andover , Mass . 01845
Dear Mr. Long :
The following petition was heard at a meeting of the Planning Board
on Monday evening , August 17 , 1981 , in the Town Office Meeting Room
at 7 : 30 p .m'. The following members were present and voting : Michael
P . Roberts ,. Vice Chairman ; Vincent S . Turano , Clerk ; John J . Burke ;
and Erich W. Nitzsche .
A motion was made by Mr . Burke and seconded by Mr . Nitzsche to
approve "Village Woods " subject to review of conditions 10 and 12 h
with the following conditions and with a completion date of August 31 ,
1982 for the binder coat and July 31 ,1983 for all improvements .
The Planning Board reconsidered conditions 10 and 12 h at later
meetings , and these conditions are in the proper form as they appear
in this letter. The vote was unanimous in favor of the motion .
Conditions - "Village Woods "
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 construction of ways and the installation of
municipal services within said subdivision , 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 re-
port to this Board , that individual septic system permits must be
obtained prior to the issuance of a building permit from the Board
ofd H a a lth under the Rules and Regulations of Title "V" of the
u
State sanitary codei and that the developer shall , prior to the
sale of individual lots to individual owners , submit to the Board
of Health percolation tests showing the suitability of said lots
for the installation of subsurface ' disposal systems for single
family dwellings ; however , such restriction shall not prevent
the mortgage of said lots or the sale to developers or home builders
RECEIVED
DANIEL LONG
"Village Woods " TOWN CLERK
Page 2 NORTH ANDOVER
September 30 , 19$1
SE? 30 2 38 PMiIII
against whom this condition shall also remain applicable and
enforceable until complied with .
4. That no work shall be done in the; subdivision until security in
the form of a bond or covenant has been duly recorded and the plans
are signed and recorded .
5 . That any changes made to the definitive plan by other town agencies
or officials shall be submitted for approval to the Planning
Board by the applicant ,
6 . All street trees shall conform to the Tree Warden ' s specifications .
7 . A Notice of Intent , if applicable , shall be filed with the North
Andover Conservation Commission pursuant to M .G. L . Ch . 131 , Sec. 40 .
If applicable , a Certificate of Compliance shall be obtained from
the Conservation Commission for any order of conditions prior to
the final release of any bond or covenant .
8. Said plan shall comply with Section 4. 133 of the North Andover
Zoning By Law .
9 . All water utilities shall be constructed in accordance with the
Board of Pubiic Works ietter dated July 17 , 1981 and the Board of
Public Works specifications .
10 . A 30 foot utility easement shall be installed from proposed terminus
of cul -de-sac Northerly to join an existing 30 foot utility ease-
ment on abutting property Lot 19 Bridle Path , owned by Melrose
Investment Trust and Lot 20-A Bridle Path , owned by Landsail , Inc .
Location of said easement shall be approved by the Board of Public
Works and shown on the definitive plan .
In the event that the developer elects to install a water main
in the Village Woods Subdivision , he will continue to run the
water main to the property line at the Bridle Path Subdivision
in accordance with the Board of Public,�Works requirements .
11 . In accordance with the Tree Warden ' s letter dated July 15 , 1981 ,
a bond shall be posted in the amount of $1 ,300.
12 . In accordance with the Highway Surveyor ' s letter dated July 20 , 1981 :
a ) Street opening permits shall be obtained prior to any work
being done on existing street drainage ;
b) Tops of catch basin frames shall be 3 inches below pavement ;
c) Crown on street shall be 3/8 inch per foot ,
d ) Ei,dght foot shoulder areas shall be seeded with hay seeds and no
bark or mulch or woodchips shall be placed in shoulder areas ;
e) A minimum of 30 inches of cover shall be placed over all drains ;
f) Drainage easements shall be fully dimensioned on plan ; all
drainage easements shall be deeded to the Town of North Andover
and shall be submitted to the Planning Board prior to endorse-
ment of said plan ;
RECEIVED
DANIEL LONG
"Village Woods " TOWN CLERK
Pa a 3g NORTH ANDOVER
9
September 30 , 1981 SEF 30 2 3s
q) A plan showing location of underground utilities will require
a plan of approval and shall be submitted prior to application
of the binder coat .
h ) The applicant shall submit a detailed design of the proposed
concrete weir to substantiate the integrity of footings ; under-
scoring , protection of seepage around ends and frost protection ;
i ) Drainage pipes in proposed subdivision shall be repositioned
vertically in the drain manhole at Station 2 + 27 so that
crowns of pipes are equal in elevationq
j ) Binder coat shall be applied no later than August 31 , 1982 ;
k) All improvements in said subdivision shall be completed no
later than July 31 , 1983.
Sincerely ,
}�j� PLANNING BOARD
/`rte #04
k4d;*6
Michael P. Roberts , Vice Chairman
jw
RECEIVED W111H H
DANIELL4NG TOWN OF NORTH ANDOVER
TOWN R"r4ANDOV MASSACHUSETTS
NORTH ANDOVER
SEP 22 31 PM
3?•a.,,., ,....y Opx
0
Js
BACNUSEt�
September 22 , 1981
Notice to : Town Clerk
Applicant
Engineer
Subject Village Woods Definitive Subdivision
At its September 14, 1981 meeting, the North Andover Planning
Board voted to delete condition No . 12 h from their approval
of the above- captioned subdivision . "Kindly 'remmove said con -
dition from your copy of this. decision .
A
RECEIVwO
DANIEL LONG
TOWN C 1.�Rt
NOR rFl A. fiOVER
TOWN OF NORTH ANDOVER
DEC MASSACHcrSMS
PLANNING BOARD
Y
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be`typewritten
F
Applicant AnthonAbresta and Ellen / Aorestgdress 217 Brentwood -C�r No, Andover, Mass.
I. Application is.hereby made.
(a) For a Special-'Permit under Section 4.113 paragraph D ' of the Zoning By-Law.
2. (a) Premises affected are land a �snas Village Way, off Dale Street
(b) Premises affected are:property with frontage on the North_ x South
East Westside of ,TlalP Str ,t tc,,nwr, Village Way.
(c) Premises affected are in Zoning District R2 , and the premises affected
have an area 6f44r000 -sq. ft. and frontage of 100 feet.
More Or less
3. Ownership:
. (a) Name and address of owner (if joint ownership, give all names):
Anthony J. Foresta and Ellen Foresta
Date of purchase 6-4-76 Previous Owner 'Landsail, Inc.
(b) If applicant is not owner, check his interest in the premises: N/A
Prospective purchaser
Lessee
Other (explain)
4. Size of proposed building: front; feet deep
Height: stories; feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor) ,
(c) Type of construction
5.
Size of Existing Building:
.
J' i ffeet
eet ot�ty� feet deep
Height:
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction
6. Has there been a previous application for a Special Permit from the Planning Board
on these premises? nn
If so, when
7. Description of purpose for which Special Permit is sought on this petition:
To complete constructiQU of V;llam Way in accordance with plan of subdivision of land
entitled Definitive Subdivision Plan of Village Woods No. Andover, Massachusetts
dated March 17, 1981 revised February 5, 1982 and also plan for Definitive Subdivision
of Village Woods No. Andover, Massachusetts plan by Richard F. Kaminski and Associates
dated March 11, 1985 as well as to ccuply with Order of Conditions issued by the North
Andover Conversation Commission dated April 7, 1982 and Order of Conditions issued by
the North Andover Planning Board dated March 17 1981 Part of thepronosed„Qo ion
is within 100 feet of a wetland tributary to Lake Cochichewick.
r
8. Deed recorded in the Registry of Deeds in Book 1283 Page 387 or Land Court
Certificate No. Book Page
9. The principal points upon which I base my application areas follows: (must be
stated in detail)'
The
Proposed constructtion will allow the utilization of the land in conformance
with its main land use designation.
construction is
in conformance Lith plans previously submitted and Orders of Condition referred
to herein.
I agree to pay, foil advertising in newspaper and postage fee for mailing legal
notices to " arti s in u terest".
Petitioner's signature)
Every application for action by the Board shall be made on a form approved by the
Board. These forms still be furnished by the Clerk upon request. Any communication
purporting to bean application shall be treated as mere notice of intention to.--seek
relief until such time as it is made on the official application form. All information
called for by the for
o shall be furnished by the applicant. in the manner, therein
prescribed.
Every applicationlshall be submitted with a list of "Parties in Interest" which
shall include the petitioner, abutters, owners' of land directly opposite on any public
or private street or way and abutters to the abutters within three hundred (300) feet
--
of the property'line 6.11"as they appear on the most recent applicable tax list, notwith-
standing thatthe Ian of any such owner is located in another city or town, the Plan—
nng Board of 'the to and the planning board of every abutting^ city or town.
LIST OF PARTIES IN INTEREST
NAME ADDRESS
1. George W. Glennie, 21 Wolcott Avenue, Andover, Mass.
2. 'Robert W. and Patripia'Jasinski,. 49b Dale Street, No. Andover, Mass.
3. Tony and Ellen.Foresta, 33 Highwood Way, .No. Andover, Mass.
4. Melrose Investment Trust, c/o Vincent Fantasia, 60 Terrace Park, Reading, Mass.
5. Leon Asadorian and Angelo Cristaldi, 14 Appleton St. , o. Andover, Mass.
6. Hefco Trealty Trust, Paul G. Cote et al Trust, 23 Arlington St. , Lowell, Mass.
7. Martin and Helen Snolak . 315 So. Bradford St. , No. Andover, Mass.
a
w
SII
ADD ADDITIONAL SHEETS, IFrtNECESSARY.
' a
y
RECEIVE
DAA{14i_ L6NG
TUYt! "1 ARK
NORT;; ; ;Jy'ER TOWN OF NORTH ANDOVER
J1 1R p MASSACHUSETTS
DEC fg 6U 33 AM X85 PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICEp This application must be- typewritten
Applicant Anthony J. For'esta and-%Ellen Foresta'
y .
Address 217-2rmwood r.No_ ever.
1. Application is hereby made
(a) For a Special Permit under Section 4.133
, `Paragraph 'D of the Zoning By-Law.
2• (a) Premises- affeoted �are land
Village Way off Dale Street. and buildings • numbered
(b) Premises affected are-property with frontage .on..theNorth x _ south
East West side of
No. _ 5 VIIT'ge Way Street, and known as
Off Dale Street.
(c) Premises affected are 'in Zoning District A `
have an area of 1 Qq .G� .�Z__I and the premises affected
- —5 f+ and frontage Of'....150 , feet.
3. Ownership:
(a) Name and address of ownerif
( 3oint ownership,agive all names);
Date of purebase'.,
Previous'r Owner r.
(b) If applicant is not owner, check his interest in the premises: Nip,
Prospective Purchaser
Lessee .. '
Other (explain}
4. Size of proposed buildings r• ` '62' front•
3$' `
Height: 241
4 1 stories;, 2 ' feet deep
feet.
(a) Approximate date 'of erection' 4-15-$6
(b) Occupancy or use ('Of each floor) hesidential
Wood frame
(G) Type of construction v
}
i. Size of Existing Building: feet front; feet dee
Height: stories p
feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor) -- -
(c) Type of construction
Has there been a previous application for a
on 'these premises? 'np Special Permit from the Planning Board
If so, when
Description of purpose for which Special Permit is sought on this petition:
Construction of a sin le famil dwelling and associates'structures as shown on
F' NrCviously swanitted said plan
tientled Definitive Subdivision of Plan of
Villa-Qe tiVoods 71" March 17 1981 revised F
�,c w ebruary 5 1982
r p2secu construction is within 100 feet of a wetland tributary to Lake Cochichewick.
The Proposed construction will not extend into the wletland area.
(Over)
8. Deed recorded in the Registry of Deeds in Book 12 3 Page 387 or Land Court
Certificate No. Book Page .
9. The principal points upon which I base my application are as follows: (must be
stated in detail)
The proposed construction is adjacent to but not into the wetland .area.
The proposed construction will allow the utilization of the land in conformance
with its main land use designation with minor environmental effects. Th e
proposed construction is adjacent to but not into the wetland area.
I agree to pay for advertising in newspaper and postage fee for mailing legal
notices to "Parties in 'nterest".
Petitioner's signature)
Every application for abiion by the Board shall be made on a form approved by the
Board. These forms shall be furnished by the Clerk upon request. Any communication
purporting to be..an application shall be treated as mere notice of intention to..-seek
relief until such time as it is made. on the official applioation form. All information
called for by the form shal� be furnished by the applicant: in the manner therein
prescribed.
Every application shall be submitted with a list of "Parties in IrAterest" which
shall include the petiti.one , abutters, owners of land directly opposite on any Public
or private street or way an abutters to the abutters within three hundred (300) feet
of the property*`line all as they appear on the most recent applicable tax list, notwith—
standing that the 1an
d of such owner is located in another city or town, the Plan—
ning Board' of'the` town and he planning board of every abutting city or town.
LIT OF PARTIES IN INTEREST
NAME ADDRESS
1. Antnony and Ellen Foresta,l33 Highwood way, No. Andover, Mass.
2. QDF Trust, Frederick Flather III, Tr. , 90 Main St. , Andover, Mass.
3. George W. Glenne, 21 Wolcott.Avenue, Andover, Mass.
4. Robert W. and Patricia'Jasnski, 490 Dale Street, No. Andover, Mass. .
-5.- Melrose Investment Trust, C/o Vincent Fantasia, 60 Terrace Park
Reading, Mass.
6. Leon Asadorian andelo'
Ang Cristaldi, 14 Appleton St. ; No. Andover, Massa
/ � r
_
ADD AbDITIONAL SHEETS, IF NECESSARY.
MUM HIH
a���►�i:o
TOWN OF NORTH ANDOVER TOWN CLERK
MASSACHUSETTS NORrtHApt]VER
( 3 '
Any aj;� a! s' �'I be fled
w�ti��j� 1��� ... ft NORTp
s a ter the
date of ro ;ACU c; this Notice
in the Office of the Town
Clerk.
NOTICE OF DECISION
February27, 1986
Date, , ,. . . . . .. . . . . . . .. . . . . .. .. . . . . . .
Date of Hearing . . .JAA144ry..q c .}9 8 6
Petition of . . . , ,Anthonv Foresta/Ellen Foresta .. . .. . . . . . .. . .. ..
.. . . . . . . . . .. . . . . . . . . .. . .. . . . . . . . . .. . . . . .
Premises affected „Lot .5. .. Village.Wa�y .
. . . . . .. . . . . . .. . . . . . . . . . . . . . .. . . . .
Referring to the above petition for a, special permit from the requirements
of the . ,North Andover Zoning .B l i,. Section 4. 133 (d),. , ., , . . ., _. .. . ..
so as to permit . , ,the, construction ,of, a single, family dwelling. . .. .
and associated structures within 100 ' of a tributary to Lake Cochichewick.
. . . . . . . . . .. . . . .. . . . .. . . . . . . . . . . . . . . . ..
After a public hearing given on the above date, the Planning Board voted
to . . .grant . . . . . . .the . . . . . . . .Special. . . . . . . .Permit
. . . . . . . . . . . . . . .. . . . .. . . .. . . . .
based upon the following conditions:
Signed
Michael P. Roberts, Chairman
Paul A. Hedstrom, Vice-Chairman
. . . . . . . .. . . . . . . . .
John A. James, Jr. , Clerk
- John J. Burke
Erich W. Nitzsche
. . . . .. . .Planning Board. .. . . .. .
M111H HIH RE
TOWN OF NORTH ANDD V I3 R CIFRK
MASSACHUSETTS W0RTt0x1-. rJYER
� A
sACH
February 26, 1986
Mr . Daniel [.gong , Town Clerk
Town Office Building
North Andover , MA 01845
Re : Lot 5-Village Way Special Permit - Watershed District
Dear Mr . Gong:
The Planning Board held a public hearing on Monday
evening , January 6 , 1986 in the Town Office Meeting Room
upon the application of Anthony J . Foresta and Ellen
Foresta. The hearing was advertised in the Lawrence Eagle
Tribune on December 23 and 30 , 1985 and all abutters were
notified by certified mail . The following members were
present and voting: Michael P . Roberts, Chairman; Paul A .
Hedstrom , Vice Chairman, ; and John J . Burke.
Due to the fact that only three members were present
( four are required ) at the meeting , the public hearing was
continued to February 3 , 1986 .
The February 3 , 1986 public hearing continued. Members
present : Michael P . Roberts , Chairman ; Paul A . Hedstrom,
Vice Chairman; John J . Burke; and Erich W. Nitzsche.
The petitioner seeks a Special Permit under Section
4 . 133(d) of the Zoning Bylaw so as to permit construction of
a single family dwelling and associated structures within
100 feet of a tributary to Lake Cochichewick . The site
affected is known as Lot 5 Village Way located on the north
side of Dale St . in a R-2 zoning district , and Watershed
Overlay District .
With an area consisting of 131 , 544 square feet and
frontage of 150 feet , the proposed dwelling will have the
following dimensions : 82 ' front ; 38 ' deep; height 2
stories , totaling 241 .
The petitioner' s representative , Attorney Ralph
Barbagallo , presented the Board with a letter from
Christiansen Engineering who was asked to review the Village
Way subdivision by the applicant . Mr . Christiansen ' s letter
informed the Board of the following:
- The construction of the he house on Lot 5 will be 70 feet
from the proposed pond on that lot and 40 feet from the
original wetland on that lot . The excavation for the
house has already begun.
- Mr . Foresta has provided a sewer to the site which was
not part of the original approved subdivision plan .
Sedimentation will be minimized by the use of haybales
and minimize the amount of area to be cleared and
excavated .
Upon a motion may by John J . Burke and seconded Erich
W . Nitzsche , the Planning Board unanimously (Michael P .
Roberts , Paul A . Hedstrom, John J . Burke and Erich W .
Nitzsche ) voted at their February 27 , 1986 board meeting to
Grant the Special Permit to allow the construction of the
single family dwelling on Loot 5. Lot 5 is shown on plan
entitled Definitive Subdivision Plan of Village Woods dated
March 17 , 1981 , revised 2/5/82 , and revised March 11 , 1985
subject to the following:
1 . The proposed dwelling on Loot 5 shall be relocated to
minimize grading and land disturbance. The dwelling
shall be no closer than 50 feet from the original
wetland and 80 feet from the proposed pond . This will
permit the dwelling to still conform with the 30 foot
setback requirements as written in the Zoning Bylaw.
Plans shall be revised to accommodate this change. The
septic system will no longer be required on said site -
due to the sewer installation.
2 . Security in the amount of $10, 000 shall be retained to
insure the town that the erosion control program is
effective as determined by the Planning Board or its
agent . The Planning Board shall retain the authority
to enforce the bond if precautionary measures are
determined inefficient .
3 . Construction shall coincide with the required
mitigating measures :
a) minimize the removal of excess soils from the
property;
b ) provide permanent siltation control in the form
of loam and seed or bark mulch ;
c ) prevent the use of fertilizer on grassed areas
in the 50 foot and 80 foot buffer zoner to the
tributary;
d) provide rubbish removal and sanitary facilities
for contractor and crew during construction.
4 . Provide the Planning Board a list of builders and
contractors involved during construction.
5 . Decision to be recorded at Registry of Deeds and
forwarded to Planning Board .
6 . Tree cutting will be permitted for house and driveway
construction. Any additional tree cutting will require
review by the Planning Board .
7 . House corner locations shall be staked prior to
obtaining a foundation permit .
In granting this Special Permit , the Planning Board
finds , pursuant to Section 10. 31 - Conditions of Approval of
Special Permits of the Zoning Bylaw , that the following
conditions are met :
1 . Llot 5 dwelling, in its recommended relocation is an
appropriate location for the structure. Any additional
land disruption beyond the recommendation of the
Planning Board will not be allowed;
2 . The residential use permitted in that zoning district
will not adversely affect the surrounding residential
neighborhood or Watershed , since the plans and imposed
conditions minimize any impact to the L'ake ' s Watershed ,
and is a continuation of its allowed surrounding
residential use ; and exceeds the minimum square footage
in the R-2 District ;
3 . In compliance with conditional approval , there will be
no nuisance or serious detrimental hazard to vehicles
or pedestrians ;
4 . Adequate and appropriate facilities will be provided on
the site to service the proper and efficient operation
of the proposed uses. Town Water and Sewer will be
provided;
5 . Based on site visits, public hearing process , and
review by other town boards , the road location is
considered to be in harmony with the general purpose
and intent of this Bylaw.
Sincerely ,
PLANNING BOARD Q
/2��� / o�
Michael P . Roberts ,
Chairman
MPR : nrs
cc : Highway Surveyor
Board of Public Works
Tree Warden
Police Chief
Fire Chief
Building Inspector
Conservation Commission
Board of Health
Assessor
File
Applicant
Engineer
ill
(
F.
4
MUMHIN RECEIYED
G
�ANIEI. �.Ott
TOWN OF NORTH ANDOVE owma,ERK
MASSACHUSETTS NORT)IANDOVER
F.ny appeal s`,<'I be filed *pORTN, 17
,within (20) (',ays after the
O A
Gate cf ri n23 ci t,ia Notice
in the Office of, the town, '
r �
Clerk. fous
NOTICE OF DECISION
Date. . February.,2 7:, .19 8 6. . .. . . .
Date of Hearing ,January, 6,,, ,1986
Petition of . . Anthony. J. Foresta and Ellen Foresta
. . . . . .. . . . . . . . . . . . . . ... .. . .. . .
Premises affected .Va,1.i.�gf'. �13Y.: .q . P.���. rS.tX9P .. . . . .. . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
, . North Andover .Zoning Bylaw, Section 4.133 (d)
of the .
. . . . . . . . .. .. . ..
so as to permit , ,, , , ,
�dY. HtithjJl .10A.'. .q . r� . x�bu �fY. .t<4. Q.�Arhirehwicrk . . . . . .. . .. . . . . . .
After a public hearing given on the above date, the Planning Board voted
to . . . .grAllt. . . . . .the; . . . . . . Sgec al ,Perm#. . . . . . . . . . .. . . .. . . . . . .. . .. . .. . . . .
based upon the following conditions:
Signed
Michael P. Roberts, Chairman
. . . . . .. . . . . . . .. . . . . . . . . . .. . . . . .
Paul A. Hedstrom, Vice-Chairman
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .
John At James, Jr. , Clerk
.
John .J._ Burke. . . . . . . .. . . .. . . .
Erich W. Nitzsche
• • • ••, • •Planning . B.Oard. .. • • • • •
1
P6A88lNG 8�A80 ppRECEIVED
ONG
TOWN OF NORTH ANDOVE�j #H C CLE
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M A S S A C H U S E T T S NORTH ANi70RVER
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February 26 , 1986
Mr . Daniel Long , Town Clerk
Town Office Building
North Andover , MA 01845
Re : Road Construction of Village Way-Special Permit
Watershed
Dear Mr . Dong:
The Planning Board held a public hearing on Monday
evening , January 6 , 1986 in the Town Office Meeting Room
upon the application of Anthony J . Foresta and Ellen
Foresta . The hearing was advertised in the Lawrence Eagle
Tribune on December 23 and 30, 1985 and all abutters were
notified by certified mail . The following members were
present and voting: Michael P . Roberts , Chairman; Paul A .
Hedstrom , Vice Chairman, ; and John J . Burke.
Due to the fact that only three members were present
( four are required) at the meeting , the public hearing was
continued to February 3 , 1986.
The February 3 , 1986 public hearing continued. Members
present : Michael P . Roberts , Chairman ; Paul A . Hedstrom,
Vice Chairman; John J . Burke; and Erich W . Nitzsche .
The petitioner seeks a Special Permit under Section
4 . 133 ( d) of the Zoning Bylaw so as to permit the completion
of construction of Village Way in accordance with plan
entitled Definitive Subdivison plan of Village Woods dated
March 17 , 1981 , revised 2/5/82 , and revised 3/11/85 within
100 feet of a tributary to Lake Cochichewick . The site
affected is known as Village Way located on the north side
of Dale St . in a R-2 zoning district , and the Watershed
Overlay District .
The petitioner ' s representative , Attorney Ralph
Barbagallo , presented the Board with a letter from
Christiansen Engineering who was asked to review the Village
Way Subdivision by the applicant . Mr . Christiansen ' s letter
informed the Board of the following:
- The roadway as proposed ( and already constructed ) is
located as far as possible from the wetlands area and
Pond on Lot #1 . The roadway is adjacent to the
wetland , but exists 80 feet from the pond.
- Relocation would require additional tree cutting and
excavation.
- Mr . Forests will provide sewer installation.
- Matasorb oil absorbent material will be placed in catch
basins to remove road oils from the road drainage
water .
A site visit was scheduled for February 8 , 19B6 at 9 : 45
a. m .
Upon a motion by John J . Burke , and seconded by Paul A.
Hedstrom to take the matter under advisement and close the
public hearing; the Board voted unanimously .
Upon a motion made by John J . Burke and seconded by
Erich W . Nitzsche , the Planning Board unanimously (Michael
P . Roberts , Paul A . Hedstrom , John J . Burke and Erich W .
Nitzsche) voted at their February 27 , 1986 meeting: To
grant the petition to allow the road to remain at the
present location , as shown on plan entitled Definitive
Subdivision Plan of Village Woods dated March 17 , 19819
revised 2/5/82 , and revised March 11 , 1985 subject to the
following:
1 . Only the proposed road work shown on the above
referenced plan shall be allowed under this Permit .
Any minor changes meeting the intent of said plan and
bylaw , and determined to have less of an impact on the
Lake ' s Watershed must be approved by the Planning Board
prior to implementation in the field .
2 . The oil absorbent material called Matesorb shall be
maintained by the developer until final completion of
the subdivision road.
3 . Security in the amount of $10 , 000 shall be retained to
ensure the Town that the erosion control program is
effective as determined by the Planning Board . The
Board shall retain the authority to enforce the bond if
precautionary measures are determined inefficient .
i
4 . Construction shall coincide with the required
mitigating measures:
a) minimize the removal of excess soils from the
property ;
b ) provide permanent siltation control in the form of
loam and seed , and bark mulch ;
c ) provide rubbish removal and sanitary facilities for
the contractor and crew during construction.
5 . Provide the Planning Board with a written list of all
builders and contractors involved during construction .
6 . Decision to be recorded at Registry of Deeds and
original returned to Planning Board Office .
In granting this Special Permit , the Planning Board
finds , pursuant to Section 10 . 31 '- Conditions for Approval
of Special Permits of Zoning Bylaw, that the following
conditions are met :
1 . The roadway is an appropriate location for road
construction to access four residential single family
dwellings . Due to the road grade and pond
construction , there is no alternative point of access
from Dale Street .
2 . The use of the road as developed has not and will not
adversely affect the neighborhood due to existing and
proposed erosion and sedimentation control measures.
The 350 foot cul-de-sac will only service four homes
and will not be extended.
3 . In compliance with conditional approval , there will be
no nuisance or serious detrimental hazard to vehicles
or pedestrians .
4 . Adequate and appropriate facilities will be provided on
the site to service the proper and efficient operation
of the proposed residential uses (water line and
changed plans from septic to sewer installation. )
5 . Based on site visits, public hearing process, and
review by other town boards , the road location is
considered to be in harmony with the general purpose
and intent of this Bylaw.
Sincerely ,
PCANNING BOARD f�
Michael P . Roberts ,
i
Chairman
MPR : nrs
cc: Highway Surveyor
Board of Public Works
Tree Warden
Fire Chief
Police Chief
Building Inspector
Conservation Commission
Board of Health
Assessor
File
Engineer
Applicant
u+
- �yORTM
Any appeal shall be filed
F. ,P,,,LM .�� within (20) days after the
s•. less date of filing of this Notice
Office the
! ►* .., • in Of the Town
}
%WN OF NORTH ANDOVER Clerk. _-
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . . .Octobe.r. 2A ,. .19 S,Q .
Petition No.. . . . .49.-'BA . . . . . . . . .
Date of Hearing. .Qc tobe r. .1 S,. .19 64
Petition of . . . . ANTHONY FORESTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected 33. HigilWQpd. Way. . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . ?.Qni.ng. .>�Y. .T4aw
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . . relief _from. the-aide . yard .se.tback. .req.uir.ement. .to. .all.ow
the .con.tinued .existence . of. a .single . fami.ly. .dwe.1ling_. . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . Grant. . . the
varaince . as . requested.
lqe $txba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fn��o�stsuc�na�� o�te� fa �x ►x#t ��;ct��sta#� x
Signed
Richard .J... .Trepanier,_ Esq... , . Clerk
William .J.. Sullivan. . . . . . . . ,
Walter. F, . Soule. . . . . . . . . . . . . . . . . . . .
Maur.ice. .S, .Foulds . . . . . . . . . . . _
Raymond A,._ .Vj.veRzio, .Esq,. . . . . . .
Board of Appeals
RECy o
NXXi N TN
A►i Weal shall be filed
Sf r Within (20) days after the.
bate of firing of this Notice
In the Office of the. Town
TOWN OF NORTH ANDOVER Clerk.
MASSACHUSETTS
BOARD OF APPEALS
October 24, 1984
Mr . Daniel Long, Town Clerk Anthony Foresta
Town Office Building 33 Highwood Way
North Andover, Mass. Petition No. 49- ' 84
Dear Mr . Long:
The Board of Appeals held a public hearing on Monday evening,
October 15, 1984 upon the application of Anthony Foresta. The
hearing was advertised in the North Andover Citizen on Sep-
tember 20 and 27, 1984 and all abutters were notified by
regular mail . The following members were present and voting:
Richard J. Trepanier, Esq. , Clerk,; William J. Sullivan; Walter F.
Soule; Maurice S. Foulds; and Raymond A. Vivenzio.
The petitioner seeks a variance from the provisions of Section 7,
Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit
relief from the side setback requirement to allow the continued
existence of a single family dwelling located at 33 Highwood Way
located in the Residential-2 (R-2) zoning district .
The petitioner testified that the, dwelling was constructed fifteen
years ago and due to an error in the placement of the stakes, the
side setback requirement of 30 feet was not satisfied. A recently
drawn mortgage inspection plan revealed the violation. No new
construction is proposed.
No objections were heard at the hearing.
Upon a motion made by Mr. Sullivan and seconded by Mr. Vivenzio,
the Board voted unanimously to grant the variance as requested .
Cf 0
A
Anthony Foresta ► '
33 Highwood Way
Petition No. 49-' 84
October 24, 1984
Page 2
In granting the petition, the Board finds that Sectign 10.4 of the
Zoning By Law has been satisfied. In particular , the Board finds
that a literal enforcement of the provisions of the By Law would
create a hardship to the petitioner and that desirable relief may
be granted without nullifying or substantially derogating from the
intent and purpose of the Zoning By Law.
Sincerely,
BOARD OF APPEALS
Richard J. Trepanier,
Clerk
jw
Oversized Maps on file with the Town
i