HomeMy WebLinkAboutSMITH, ASHTON & GWENDOLYN C Notice to APPLICA14TIA CLERK and Cartification of Acti of Planning Board
on Definitive Subdivision Plan entitled: Berrington Place
By; Allen & Major Associates, Inc. dated January -16,- , 19 98
The North Andover Flaming Board has voted to kPFROVE said plan, subject to the
following conditions:
1. That the record owners of the subject lAnd forthwith execute and record
a "covenant running with the land"# or otherwise provide security for the con-
struction of ways and the installation of municipal serr-ices within said suo-
division, all as provided by G.L. c. 41, S. 81-U.
2. That all such construction and installations shall n all respects
conform to the governing rules aixd regulatons of this Board.
3. That, as required by the-North Andover Board of Health in ita report to
this board, no building or other structure shall be built or placed upocx Lots
No. as shown on said plan without the prior
consent of said Board of HeMb.
L. Other conditio»s:
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In the event that no appeal shall have been taken from said approval within
twenty days from this dater the Korth Andover Planning Board will forthwith
thereafter endorse its formal approval Spon said plan.
he rth over o �S"�rdh he �oil .day
e oris:
NORTH /tt1DOV EF. PLANKS BOARD
Date:
Richard S. Rower`
Berrington Place Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for a seven(7)-lot subdivision
known as Berrington Estates Place. MPG Realty Corporation, 11 Old Boston Road,Tewksbury,MA
01876, submitted this application on January 16, 1998. The area affected is located off of Dale Street
in the R-1 Zoning District.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Definitive Plan,dated January 16, 1998,last revised on 3/3/98,includes all of the information
indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of
plans
B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and
Regulations except as noted in Condition 17 Waivers.
C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law.
D. The Definitive Plan complies with all of the review comments submitted by various town
departments in order to comply with state law,town by-laws and insure the public health, safety,
and welfare of the town
Finally,the Planning Board finds that the Definitive Subdivision complies with Town Bylaw
requirements so long as the following conditions are complied with:
1) Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental Monitor
must be available upon four-(4)hour's notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the project and
file monthly reports to the Planning Board throughout the duration of the project. The monthly
reports shall detail area of non-compliance,if any and actions taken to resolve these issues.
2) 'Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) A Development Schedule must be submitted for signature by the Planning Board,which
conforms to both Sections 4.2,and Section 8.7 of the North Andover Zoning Bylaw. The
schedule must show building permit eligibility by quarter for all lots,
b) A Site Opening Bond in the amount of five thousand($5,000)dollars to be held by the Town
of North Andover. The Site Opening Bond shall be in the form of a check made out to the
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Town of North Andover that will be placed into an interest bearing escrow account. This
amount shall cover any contingencies that might affect the public welfare such as site-opening,
clearing, erosion control and performance of any other condition contained herein,prior to the
posting of the Roadway Bond as described in Condition 4(d). This Site Opening Bond may at
the discretion of the Planning Board be rolled over to cover other bonding considerations,be
released in full,or partially retained in accordance with the recommendation of the Planning
Staff as directed by a vote of the NRPB.
c) The final subdivision plans must be reviewed and approved by the outside consultant,the
Planning Department and D.P.W.
d) A covenant(FORM I)securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board Said lots may be released from the
covenant upon posting of security as requested in Condition 4(d).
e) The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision
fl All application fees must be paid in M and verified by the Town Planner.
g) The applicant must meet with the Town Planner in order to ensure that the plans conform to
the Board's decision.A full set of final plans reflecting the changes outlined above,must be
submitted to the Town Planner for review endorsement by the Planning Board,within ninety
(90)days of filing the decision with the Town Clerk.
h) The Subdivision Decision for this project must appear on the mylars.
i) All documents shall be prepared at the expense of the applicant,as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land.
3) Prior to ANY WORK on the site,
a) Once the subdivision plans have been recorded,the applicant must apply for and receive
a variance for work within the 75' Conservation Zone under the North Andover
Watershed Protection District Zoning Bylaw. No work will be allowed on the site until
the variance has been issued. If the request for a variance is denied,this subdivision will
be in violation of the North Andover Zoning Bylaw and the approval will be deemed
rescinded.
Yellow"Caution" must be laced alongthe limit of clearing and grading as shown on the
b) Ye P
approved plan. The Planning Staff must be contacted prior to any cutting and or clearing on
site.
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c) All erosion control measures as shown on the plan and outlined in the erosion control plan
must be in place and reviewed by the Town Planner.
4) Prior to any lots being released from the statutory covenants:
a) Three(3)complete copies of the endorsed and recorded subdivision plans and one(1)certified
copy of the following documents:recorded subdivision approval,recorded Covenant(FORM
I),recorded Growth Management Development Schedule,and recorded FORM M must be
submitted to the Town Planner as proof of recording.
b) All site erosion control measures required to protect off site properties from the effects of work
on the lot proposed to be released must be in place. The Town Planning Staff shall determine
whether the applicant has satisfied the requirements of this provision prior to each lot release
and shall report to the Planning Board prior to a vote to release said lot.
c) The applicant must submit a lot release FORM J to the Planning Board for signature.
d) A Performance Security in an amount to be determined by the Planning Board,upon the
recommendation of the Department of Public Works, shall be posted to ensure completion of
the work in accordance with the Plans approved as part of this conditional approval. The bond
must be in the form of a check made out to the Town of North Andover. This check will then
be placed in an interest bearing escrow account held by the Town. Items covered by the Bond
may include,but shall not be limited to:
i) as-built drawings
u) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vii) site restoration
viii)final site cleanup
A Performance Security may be established for each phase individually.
5) Prior to a FORM U verification for an individual lot,the following information is required by the
Planning Department:
a) A"One Way"sign must be placed on Dale Street visible from the new subdivision roadway in
a location approved by the DPW.
b The Planning Board will review the status of the Subdivision and vote to verify FORM U
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applications as appropriate and in conformance with this decision
c) An as-built plan must be submitted to the Division of Public Works for review and approval
prior to acceptance of the sewer appurtenances for use.
d) If a sidewalk is to be constructed in front of the lot,then such sidewalk must be graded and
staked at a minimum
e) The applicant must submit a certified copy of the recorded FORM J referred to in Condition
4(c)above.
fl A plot plan for the lot in question must be submitted,which includes all of the following:
i) location of the structure,
ii) location of the driveways,
iii) location of the septic systems if applicable,
iv) location of all water and sewer lines,
v) location of wetlands and any site improvements required under a NACC order of
condition,
vi) any grading called for on the lot,
vii) all required zoning setbacks,
viii)Location of any drainage,utility and other easements.
g) All appropriate erosion control measures for the lot shall be in place. The Planning Board or
Staff shall make final determination of appropriate measures.
h) Lot numbers,visible from the roadways must be posted on all lots.
6) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be
required:
a) Sprinkler systems must be installed in all homes per NAFD requirements.
b) The roadway must be constructed to at least binder coat of pavement to properly access the lot
in question. Prior to construction of the binder coat,the applicant shall ensure that all required
inspection and testing of water,sewer,and drainage facilities has been completed. The
applicant must submit to the Town Planner an interim as-built,certified by a professional
engineer,verifying that all utilities have been installed in accordance with the plans and profile
sheet.
c) All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health,and.Conservation Commission-
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d) Permanent house numbers must be posted on dwellings and be visible from the road.
e) There shall be no driveways placed where stone bound monuments and/or catch basins are to
be set. It shall be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold.The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
7) Prior to the final release of security retained for the site by the Town,the following shall be
completed by the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department
for review and approval.
b) The applicant shall petition Town Meeting for public acceptance of the street.Prior to
submitting a warrant for such petition the applicant shall review the subdivision and all
remaining work with the Town Planner and Department of Public Works.The Planning Board
shall hold a portion of the subdivision bond for continued maintenance and operations until
such time as Town Meeting has accepted(or rejected in favor of private ownership)the
roadways. It shall be the developer's responsibility to insure that all proper easements have been
recorded at the Registry of Deeds.
8) The Applicant shall ensure that all Plarming,Conservation Commission,Board of Health and
Division of Public Works requirements are satisfied and that construction was in strict compliance
with all approved plans and conditions.
9) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign
permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance
structures. The applicant must remove any lighting used for the entrance signs prior to acceptance
of the subdivision
10)The applicant shall adhere to the following requirements of the Fire Department:
a) Open burning is allowed.by permit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State
Statute and only with the review and approval of the Fire Department and Conservation
Commission.
i i)There shall be no burying or dumping of construction material on site.
12 The location of any stump d P
s on site must be re-approved.by the Planning Board.
13)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation-
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14)Gas,Telephone, Cable,and Electric utilities shall be installed as.specified by the respective utility
companies.
15)Any action by a Town Board,Commission,or Department which requires changes in the roadway
alignment,placement of any easements or utilities,drainage facilities,grading or no cut lines,may
be subject to modification by the Planning Board.
16)The following waivers from the Rules and Regulations Governing the Subdivision of Land,North
Andover,Massachusetts,revised February, 1989 have been granted by the Planning Board:
a) Section 7(A)(4)Dead-End Streets: The Planning Board herein grants a waiver of
approximately 100' for the street length. The applicant has demonstrated that the street length
will have no adverse impact on the Watershed Protection District.
b) Section 7(D)(2) Sidewalks:The sidewalks will abut the curb per requirement of DPW.
c) Section 7(E)(1) Street Trees:The street trees will be placed outside of the ROW per
requirement of DPW.
d) These waivers have been granted in an effort to minimize the amount of cutting and filling
required on site thereby decreasing the amount of erosion and siltation on site.
e) The utilities must be installed and the streets or ways constructed to binder coat by
N 22,2-c)c-,j (two years from the date permit granted).If the utilities are not
installed,the streets or ways are not constructed to binder coat and the Planning Board has not
granted an extension by the above referenced date,this definitive subdivision approval will be
deemed to have lapsed:
17)This Definitive Subdivision Plan approval is based`upon the following information which is
incorporated into this decision by reference:
a) Plans entitled: "Definitive Plan of Land Berington Place' ten sheets dated January
16, 1998 last revised 3/3/98.Prepared by Allen&Major,Woburn,MA
b) Reports entitled:
i) "Statement of Environmental and Community Impact", dated January 15,
1998,
ii) "Waxer Quality and Best Management Practices (BMP) Evaluation7%
Berrington Place, Dale Street, North Andover, Massachusetts, dated July 14,
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1997,revised October 8, 1997.
Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Berrington Estates- subdivision
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw, CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9556
E-mail fibra hdgatownofnorthandoy r com
I, Joyce A. Bradshaw, Town Clerk for the Town of North Andover do attest that
there was an administrative oversight on Plan #13615 recorded at the Essex North
Registry of Deeds. Plan #13515 is for Berrington Place.8 Lot Definitive Subdivision.
No indication of the appeal period having been satisfied was noted on the recorded plan.
I also attest that the appeal of Daniel Takesian, et.al vs. the Planning Board of
North Andover was dismissed on January 0 1999 - Case 98-914, Commonwealth of
Massachusetts — Essex County Superior Court. There are no.existing appeals for the
Definitive Subdivision at Berrington Place—8 Lots. However, there is an appeal on the 3
lot subdivision.
This certificate will be attached to the original recording and a marginal reference
on the plan made at the Registry of Deeds.
ATTPK:
A True COPY
Town vas
09/30/1998 11:36 603641888 PD ASSOCIATES LLC PAGE 01
Dn
x-" Associates, LLC
,Real Estate Consultands Telephone #:(603)641-8200
1600 Candia Road,Suite#7,Manchester,NH 03149 Facsimile#.-(603)641-8882
September 30, 1998
Kathleen Bradley Colwell,Planner
Town of North Andover
30 School Street 4
North,Andover,MA .01845 —' z
RE: Dale Street—Map#37B Lot#1 Repetitive Petition Request.
Via Facsimile: 978-688-9542/Original to Follow o
Dear Kathleen:
m
Pursuant to our phone conversation this past Tuesday the 29h of September,my client's
attorney confirmed that the hearing date for the appeal on the Dale Street Definitive was
in fact, October 29`h. He had inadvertently notified us that it would be in September.
In light of the fact that this hearing date is scheduled so late in the month,it prevents any
decision being made by the Planning Board at the October a hearing. Even though we
have received a dismissal from the same appeal,the town must prevail as well,prior to
our hean'ng.
Therefore, for this reason which was out of our control,we respectfully request of the
Board that they allow us to withdraw our application for the Repetitive Hearing Request.
This request to withdraw,is made without prejudice. If you recommend or require that
we attend this hearing for the Board's consideration,please notify me at your earliest
convenience_
I hope that we can finally resolve this issue in November. If you have any questions,
please feel free to call.
Respectfully submitted,
Elmer A. Pease,11 CPM,EA
Owner's Representative
EAP/sp
P1 Associates, LLC
Real Estate Consultants Telephone#:(603)641-8200
704 Londonderry Turnpike,Auburn,NH 03032 WT Facsimile#:(603)641-8882
F R
April22, 1998
Planning Board
Town of North Andover
C/O Kathleen Bradley Colwell
30 School Street
North Andover,MA 01845
RE: Berrington Place Subdivision-Dale Street-Map 37B Lot#1
Dean Ms. Colwell:
Pursuant to the discussion at the Planning Board Meeting held the evening of the 21"of
April,please accept this letter as my request to appear before the Planning Board on the
I9a`of May. The purpose is to request consent by the Board to re-petition the Zoning
Board of Appeals for our application for a variance for the roadway and its related
utilities and details as setforth in the attached petition previously submitted to the Board
of Appeals.
Considering the fact that our Definitive Plan and Special Permits have been approved and
recorded,a specific and material change has occurred. We are now presenting a request
for relief for a variance with an eight(8)lot subdivision and roadway.
I have also attached a copy of the abutter list as well as a check in the amount of One
Hundred($100.00)Dollars for the application fee.
Please call if you need anything further. I feel this request addresses the requirements
under section 10.8 of your Zoning Bylaws.
Respectfully submitted,
lmer A. Pease,II
Owner's Representative
EAP/sp
Ce: Kenneth Grandstaff
Michael Gerstein,Esq.
Rehearing10.8
'SII
RECE!'Y&'-'D
JAYCQASkiAW
fi0 tN DERK
Ndit�FN ANDOVER
Received by Town Clerk: MAR f 40
30
AM. 8
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant MPG Realty Corporation Address 11 Old Boston Road
Tewksbury, MA 01876 Tel. No 978-851-9395
1 . Application is hereby made :
a) For a variance from the requirements of Section 4
Paragraph136.2 b (iv)and Table 1 & 2 of the Zoning Bylaws.
lauLki
136.3(d
b) For a special Permit under Section Paragraph
of the Zoning Bylaws .
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land and building (s)
numbered Street .
b) Premises affected are property with frontage on the
North South ( ) East ( ) 'West ( ) side of Dale Street
Street.
Street, and known as No. Map 37B, Lot #1, Dale
Street.
c) Premises affected are in Zoning District R-1 and the
premises affected have an area of 1,305,493 square feet
and frontage of 50' & feet .
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3 . Ownership :
a) Name and address of owner (if joint ownership, give all
names)
R. Ashton.& Gwendolyn C. Smith, C/0 Trustee Geoffrey Smith
15 Driftwood Drive, North Bradford, CT 0EK411
Date of Purchase 3-25-1960 Previous OwnerLantern Corporation
b) 1 . If applicant is not owner, check his/her interest
in the premises:
X Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: N/A front; feet deep;
Height stories; feet .
a) Approximate date of erection: N/A
b) Occupancy or use of each floor N/A
c) Type of construction: N/A
5 Has there been a previous appeal, - under zoning, on these
premises? No If so, when?
6 . Description of relief sought on this etition To build a roadway tirith a2.
required details within the 75 conservation zone, if app is 4-136-2(f)
7 . Deed recorded in the Registry of Deeds in Book 912 Page 187 i 6s 1&'
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows : ( ust, be stated n, detail .
(1) Property has existing access driveways �th culverts, one is 'currently being used as
(2) Hoth_drivewav locations are in close broximity to 'jurisdictional wetlands acres.
(3) No other reasonable means of access are available
_A11Dale St. lots ut t 's e have drivewa s that fall within the conservation
Grantin relief wol iE
how access to ro rt , not o e setbacks.
�4j
�pplicatgt feels that lieffs not pecEss rsuant to 15b.2'f� ie 2.
agree to p y ti ling tee, a ertiszng in newspaper, and
incidental a eases*
i tore of Petitioner (s)
6 of 8
Razr nc n� �c
i
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: R-1 (Residential
Required Setback Existing Setback Relief
or Area or Area Requested
N/A
Lot Dimension
Area
N/A
Street Frontage
N/A
Front Setback
N/A
Side Setback (s)
N/A
Rear Setback
N/A
Special Permit Request: N/A
7 of 8
Rev 06 . n? qF
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Fi� t Lr.1:1'GK.t l�AUURAI:vh
1 917 }
e carpor.pon duly tviLlwit-i unlet tht low,of conunonwe a L tr o! sChu nk lLs
y•i +nC larint lu urv.t place e1 I U%i is ar LGX 1.1'rt;i un f j
r l97 !
Hiddlcacx Canty Mastschoac<., tar c.,r.aidcrui;x,paid,
grass to
}j. Ashton &cji t and ::wendult'r, t ,Snith, husband end Hilo its
"On An E& fey tit Ent ire;ry
of NOT-th Andover, lAstx cctin Ly, llflaeactnfaetl'6 N',fA mttLfstm tactimmti
t},dlntma Iwo ccrtAt,. oarcela u[ land aitusted •2ff Dntc Street in
avid ,icrtlt :,n.fuverI bounden and dcacribcd as follo,o..
t YtV; T NV. 1 Ncglntiint; At Clic. Northwtntarly earner ot. lan,i new
or formerly 1ti:lnt.r, tieing el"O" as Lut NO. 17 A ont'Flan or
Appleton i,states, :,aIt Street, north ..tidvver, t•:aas. ouster, Lantxri, !
Corp., t;oglnver, Ralph U. masseur, (:arch 27, 195)" Citid plait J
being reeordod it:.tue'horth Uistriot o) ,.slcex uepistry ,,: isoccie as
Platt No. 3442; thence runninL Northerly by x stone wall apd l.,hd
of Cadogan seven hundred rorty-tour and t34/1Lt) tee- :a:or,- ur lees to
ion iron nfpe at land of Leland As Shu•.in on shin f,Lai); t'tcnce, runni.nf,
Easterly by u stone wall forrnitaj. the Northerly bounftry at t.ot NQ. 2(1
On said plan and by a ditcl: foresing th,, Nort:herLy boundary of Lotto
: Ao. 21 slid 22 on said nleni thence eattinuing by land of said Leland
am -shown on "alar. of Land in Korth An(lover, (iar.A, otxtcd ay uantel
E. HoU.an Jr., Fthrunry 29, 19%0'1 recorded �n the Rortl, U(ni.rict: Cf
t3ssox Registry o4"Dead• as rlan iia. 5706 s total diitanec of 2,025
feet-more or lcss.ro the .orper o: t, atone wall st lnnA lit" Robcrt
Millet- as shown on coin last Na,aed plan; thenen rurt,IT%- end rttnnint;'
SutttlitrLy and by said land of ,41ler in t>nr;: by a stone"wall., thrett
hundred ninct:y-one and 46/1tK: feet to •ji'hc: Land uP Itobrrt Ptil ler
;�• as shown on chid lost: hanted plan; rhr.rcc running Westerly by the
4;. N�rttttrly boundary of Land' ut ltobcrt t illoi Thi:ic Hiller, White
snd Win,,fleld ea silowtl on ssiJ 1tAt allied itlan, fv't hantircd eitihty
taut 9l/LW feet to a vt:unc wull at: 1•e,n ct sat fa,rrt on said plan:
tnencc.. turni.nt; attd runnin; Northerly bf t,ie mune wnll true land of
Stanborn, one hundred even y-nine and :u/' .v feet' ^a tise :,ort:ucnutcr2�
cr,rntr of said Sanborn, Norm, lir. olu)wo t.n said i,.uf,; t„vacc turnip„
sad ruttnir;e West'crky by tete f+or<hr.tly GvunQr.ry of Land of Sanborn and
Peters as sho.+n or said elan, tw,r hundred ci.ynty three 1cct. tc• an
trott pLpe at enc lort:t,wts•crly corner aa. Lai of said rett:rt.; L.,K•:tec
torr-dnt; and runnin• ;outterly 't / the lea erly line ot” said t.tterr. 'ar-i .
A& Oivvdt oh plan recorded N,:. 1442 rettrrid to avovc, A distance of
Lou- futn.tt-ed thirty-idne acid S.;2iu f,:tt t.., .l.,l_ strce•: us srto,+t, on
anis Laat named plsn; t•tvncc rur,ttfitU af•out t r.tcNly by s stane well i
And (laic street as shown or, soicl 1;.:1 ::ta,:ed ula, :t% r„•h:nl coi:rsee - !
measuring forty-sever, ut,tt 7cr/l;u tete, fLitr b,,t! 87/1,,., ;tet, i
Thirty six and 5V/1,>u fve.: and fist” tc•.�t rravictiv kv to .: atone {
bound as sitowtt cu said t)Lhn; t:•ter,cc Cu:•ttinj ert,i ,tna1lit� to a Eenera.
Northarky direction I.y rtte c,:rvr (;4 a ltre!,.tse<t rusd as shawa .P. edit)
U1nT. in two eunesea, nm#i!kurli)l t.wettt�•si an.'. t. tjl%Kt feet a.t .ra et, f
hundred :lilrt'y cud oollty feet to at slcticwound sr Vitt, t'nrt(,casttrly
corner of land of Andreua, ns alto,_n On ao1A iits t nerved plan; nc�iCr
turt5in, and runnin„ -:),:st<•rkp by t,se F.ortherlp hnuud oI !:loci of ;
Atdrencn, G%rl:ham anti Yogs c.tit•^t lntnired ar.c forty oac tee_ to Nan,}
of sold Efantee mnrkd r..A. Smith or ssiu !)Nun, t'tenre icrninf, and !1
runnin;• l.ortiterly by land of cei(i grantee ninoc;-rive tcct gore f
or less to the Nortncrtst.crly cd-rcr of said i. A. Snith )tai; tpenct, I
uvrninrr and runnin.( 1,{csterly b7 land of r'ui it a•, arcs on BAd plan I
two :,undred efy;ttty•elght Ani :. Jtt.0 tett tc a p..tur lo,.-rec. ur"inv
and runnir.s in n Southwestirkv dfreeri n Gy it curve avtnr.n radivis
,
of ti-ret hundred stvcrtty flet, a dir:tai;ccH -wt, hunarec ettnt>-t+�
i
ori(, V2.;ltiu teet to a_c:r11L it,tic it. a otuueuail tit vale itr::et as
;• shown OR said plan; tnonce turn Lob anti runnin; Ncrthw_at(,r•ly by
a atone GALL artd-Dalt SL•reet ciClily-five feet, marc t.a less to a atont j
bound In the 3outhcrstcrly ornrr at. Lot H.,. 17 A as ut^.t o:, nald
Aali; tnence in a General 1(orthanaterLv direr tio:t I,y X;%,: !:ostthensteriy
t boundury of Lot 17 A in e:cr#e courses fn,:ut.ur+t:g thirty-one an-1 42/1W
fret, ninety-lour a!,A .•5/1(.0 Tett alai one nuncrvd t' irtj tw, and
:5/1(u feet t,, the Northea•tet 1)• cvr,ter oY Auld Lc t l'A as xnot 1, Ot,
• t
t... said 11on; thcttce turning and r-uruting hovthrestotly Dy Lot 17 A on
st11d plat' three hcndred six and 49/1U(1 feet to the 1'roint of btpiltnins
rj r0nca)tltng 30 acres Mort- or less,
PARCEL I1 tic'.n(, show» As Lot 310. 16 01, tae Saucaerly aide of bele
rresi n said North Andover crt Plan entitled "Plan of Land in North
1 8 $
Andover t Maas. owned by unniel L. Ilogan Jr. 'Debruary 9, 1956. Solo
rLan being recorded in said relttsrr ae Plan to t
i 1 .2.,' ,
u twin••; mora; oarticularly bounded nnl.ydoaeribed as ttrllowonfd prtaisea
1 two hundred fifty .tet more i,r :e.a by GAle Streeel-
30UTHUSTMLY one hundre4 sixty eillht f"' !"O-t or Lt's$ by Lot
N. . 1.5 roil said ,tat, And
SOW rliSft•:S1UtLY two hunared twenty two feet more or les@ by land how
ot• turmerly Nk-w England power Company nit altown on
said ltLan.
Con:ainine 21,5,)u stivar•e feet mo;c cr :esa according to said pian. '
being, part o1 the prc,oiras conveyed to the ;;raator Corporation
by decd of Usniel e,. irogsu Jr. at ttx dated April 16, 1956, recorder'
in Laid Registry, tiottk :SSI Page 3::6,
Said premises are conveycd subject to a•taking by the Beate
County Cotanislloners for th,! rclocatiil of DAIC Street, recorded in
Oft d Registry, Jook i;93, "otjc 435, tat av far as :hr same affects Lhc•
wl.tltln described p:-elaisea.
Meaning an4 irtLettding, and .,cvcby conyeyia6 to me gr•ntttees of
All the land is Nvrth Andover now standing o. record in the name of {'
t Lantern Coc•itprati..n vllothcr or rtct the-slat is tncludod uicnit, ttre
bourdarico ,.f tilt above dsacribed parccLa.
Said Prttalses are cohveye.d aubiect to the tsxea f.,r.• the current •
year a%hiott the i rantccs htrcin ausu►u 1.11:1 agree to ray.
Th(• granter terporctlon nerewtlh convey-, to the said grar,J.ee: any
and oll right; to datagr.s wh1::h tt mny h•.�c us tr.sult a( t.h,i T+tln
referred to abcve.
,
U. Rewrite Starnfis '1 "':ubr-rtr 11••r•t 1.� tta $tamps t
in $tun ..f S._J;.1(� ._. . i„ :r� la%r..3; ..
of,iN:,l t:t,l c u.:,l:cd c.1 t:vi _ a` 4_1 t v., :i:is
;n Ytlmovgt it t nnc•ta.
lit flrjlarJ3.6 m4trrat,the acid LA-7-rlia) :UPPLIt,10Un f
_ l,aa caused its eaporatc $eat to Ire butt; OFxed and tbtx pNu::s u be pined: mknowlcdred sad
i CrFrvaJin i ctutresadbt4alt by Ovort.c H. Matthesoh, jr. ,.
lveasurer
ite l'rca l der.t and, berets duty autAor4.0,11:16 twenty-f!f th �• •Fj
t Jay of Narch tt the year v+1.tbo•runel lobe h,rnzrr tad sixty , s
Sird.1 and%UJcrl In lrrtscsc$of
t I,�t11[.itt CIiF{i"Jki.l':ubt ib�
IX
rys- ent an ireetscr r "
'v,1ttilQtttDti117tAilll niaAenr{tnptlib E,
- rEaeX
it Tt.,nper►onnliyappca;r.iduabv.cnti�t:C ;eorge R. Hathtr,orn, ?reeident w 7reaeui
I ant:aMrowte.lted the It+'etoh:t K.nratlent w 6 the 1t;t tet lad dcei•tl yF. Lk;i L it). GUR.YURA 1t,N 1'
{ hctcrr ma � `
i C at
22, .t.6lrL...�.
�`{i l:,:.",C:>:,n3. a,,�/?t•gtbu'' 'far. ��, ',^C; at oSr -.5 ,.. ."'. '�r•I�
Sam
t:
III
i
i
I
LEONARD KOPEL14AN K.OPELMAN AND PAIGE, P. C. KATHLEEN M,O'DONNELL
DONALD O. PAIGE DAVID J.
CLIZARETM A. LANE ATTORNEYS AT LAW SANDRA CMARTO 11
JOYCE FRANK
ILANAM QUIRK
JOHN W. GIORGIO
31 ST. JAMES AVENUE JOHN RICHARD HUCKSAM.in.
BARBARA J. SAINT ANDRE - SUSAN M:CALLAHAN
JOEL B. BARD
EVERETT J. HARDER BOSTON, MASSACHUSETTS 02 116-4102 BRIAN W. Y. EY
JR.
JOHN J.KENNEY.JR.
PATRICK J. COSTELLO ROBERT PATTEN
JOSEPH L. TEHAN.JR BOSTON OFFICE MARY L. GIORGIO
ANNE-MARIE M. HYLAND (6171 556.0007 KAT14LCKN C.CONNOLLY
THERESA M. DOWDY .PAX (117)604.07.21 MICMC LK C.RANDAZZO
PETER J.FELIERBACH
WILLIAM HEWIG 111 NORTHAMPTON OPf ICE MARY JO HARRIS
DEBORAH A. ELIA`JON (dtl/see'6032
THOMAS W. MCENANEY
JEANNE S. MCKNI(i Hi - JONATHAN M. SILVERSTEIN
JUDITH C. CUTLER -WORCEST[R OFFICE.
TIMOTHY J. ERVIN
RICHARD BOWEN (606) 752-0209 KATHARCHRISTOPHERINE 1 .GORE
T
November 21, 1997
BY FACSIM1Ll - (978) 688-954 1._._ Q W
..._._.:
Ms. Kathleen Bradley Colwell
, Ilt
'l own Planner NOV 2 4 W7
North Andover Town Hall
120 Main Street 'YtYt �
North Andover, MA 01845 ' -- -
Re: Berrington Estates Subdivision- Interpretation of Watershed
Protection District Bylaw and rel�,tcdn_
Dear Ms. Colwell:
You have requested an opinion regarding several issues raised by the applicant's attorney
in regard to the proposed Berrington Estates subdivision.
It is my understanding that, in particular, you seek clarification as to: 1) whether the
Watershed Protection District Bylaw(the "Bylaw") aflects this proposed subdivision;2) whether
the applicant, if required to obtain a variance, should obtain that variance from the Planning Board
or from the Zoning Board of Appeals;and 3) what role the Conservation Commission will play
with respect to this proposed subdivision process.
Briefly, in response to these questions, it is my opinion that: I)the Watershed Protection
District Bylaw ca-ill affect any lot(s) the applicant records after October 24, 1994, the effective
date of the Bylaw; 2) if the applicant is required to obtain a variance from any part of the Zoning;
Bylaw, including the Watershed Protection District Bylaw,the Zoning Board of Appeals will be
(lie proper authority to issue such a variance;and 3)the Conservation Commission will be
responsible for enforcing.the Town's general (i:e.,non-zoning)Wetlands Bylaw and the State
Wetlands Protection Act, but not the Watershed Protection District Bylaw which will be enforced
by the Planning Board.
PRiN7ED ON RECYCLED PAPER
ZO'd Zb96 889 909 nap -wo7 .-AaAOPud 41-AON d I£=ZT 86-ZT -Uer
KOPELMAN AND PAIGE, P.C.
Ms. Kathleen Bradley Colwell
Town Pianner
November 21, 1997
Page 2
Application ofthe October. 1994 Watershed Protection District Byjy
The facts as I understand them are as follows. The applicant seeks to subdivide a parcel
of property which lie has owned since prior to the effective date of the Watershed Protection
District Bylaw. However, before Ile actually obtains subdivision approval for this property,he is
proposing to build a road into the center of it; he intends to later use this road as the access into
the subdivision. This proposed road will undisputedly cress a non-disturbarice buffer done as
defined in the Watershed Protection District Bylaw. He hopes that by building the road prior to
completing the subdivision process;he will avoid the Watershed Protection District Bylaw
requirements because the road will have been built on a JUL which was in existence before October
24, 1994.
In my opinion, the applicant's property will not be subject to the restrictions of the
Watershed Protection District By-law until the applicant records or registers the property as
consisting of new lots. That is, in my opinion the Bylaw requirements only apply to those lots
recorded or rev istered after October 24, 1994. Since the applicant's lot was in existence before
that date, it is my opinion that it is not subject to the Bylaw, Furthermore. in my opinion, merely
proposing to subdivide the lot does riot trigger the restrictions under the Bylaw. In my opinion,
the language of tite Bylaw clearly states that it is applicable only to those lots recorded and
reuiswred after October 24, 1997. Therefore:, in my opinion, until the applicant records o
reizisters new lots of the Subdivision, the Bylaw does not apply. As a result, whether the Bylaw
will apply or not in this particular case depends largely on how the applicant chooses to proceed.
It is possible that the applicant could complete the subdivision process, including construction of
the road, without recording any of the lots, i.e.,by covenanting to secure the construction of the
subdivision road, thereby avoiding the necessity of recording the lots until after construction is
complete. On the other hand, it is possible he will record the lots prior to the completion of
construction, (after posting a bond or due to another circumstance), thereby triggering the Bylaw
requirements, in my opinion. to summary, it is my opinion that once the new lots are recorded,
the Bylaw will become applicable, but work performed oil the existing,"unsubdivided" lot will riot
be subject to LhC Bylaw.
Variance Procedures
With respect to the second question, it is my opinion that if the applicant should require a
variance tronI the provisions of tile Watershed Protection District Bylaw,he mast obtain such a
variance from the Zoning Board of Appeals. in a<letter dated July 23, 1997, the applicant's
attorney seems to indicate he believes the Planning Board would be the proper authority from
which to obtain a variance. In my opinion, this position is mistaken. While it is true that pursuant
to the Watershed Protection District Bylaw, the Maiming Board is empowered to hear and act on
special permit requests. nothing alters the exclusive authority given to tine Zoning Board of
Appeals to hear and decide variance requests.
£O "d 2b56 999 809 -AeO .u103 ,AOAOPUV u'a..AON dT£: ZT 96-ZI -uEc
KOPELMAN AND PAIGE, P.C.
Ms. Kathleen Bradley Colwell
Town Planner
November 21, 1997
Page 3
Conservation Commission Role
The third question appears to ask what role and authority the Conservation Commission
has with respect to processing this subdivision request. In my opinion,the Conservation
Commission will conduct a review which is separate from that of the Planning Board and Zoning
Board of Appeals. The Conservation Commission will review the applicant's plan to ensure
compliance with the Town's Wetlands Bylaw and State Wetlands Protection Act. The Planning
Board (and Zoning Board of Appeals, if necessary)will review the plan with respect to the
Watershed Protection District Bylaw and all other applicable zoning and subdivision provisions,
rules and regulations.
Should you have further questions regarding this matter, please do not hesitate to contact
me.
Very truly yours,
Joel B. Bard
JBBIKAWatg
cc: Town Manager
Board of Selectmen
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03l12i1998 15:47 6036418882 PD ASSOCIATES PAGE 01
D �
I" .AsSOCiateS� L. JOYCE BRADS HAW
TOWN GL i)%K
Real Estate Consultants NORTH ANDOVER lldghone#.(603)641-8200
704 Londonderry Arnpike,Aubtrn,W9303� Facsimile#:(603)641-8882�� 20 �N
March 12, 1998
North Andover Planning Board
30 School Street ,_,,,.....r._.
North Andover,MA 01845
Attn. Kathleen Bradley Colwell,Planner
RE: Berrington Place Subdivision-Map 378-Lot#1 ;
ARL
Via Facsimile: 1.97"88-9542 PLANNING �O
Dear Kathleen:
Pursuant to our telephone conversation of this afternoon,Please accept this letter,as
MPG Realty Corporation's(the Applicant)request to withdraw their original application
dated January 16, 1998 for the Special Permit for the above named subdivision.
This will serve to complete ft closure of that filing and avoid any confusion with the
current Special Permit ding you now have for Berrington Place. if you have any
questions or need anything further,please fml free to call.
Respectfully submitted,
4/x" z:;�-4eaka
mer A. Pease, 11 CPM,EA
Owner's Representative
EAPlsp
cc: Kenneth Grandsta#1`'
Erik Heyland,P.E.
Michael Gerstein,Esq.
Colw0&pwa.dm
JQYOE BRAbSI AW
N RK
N U A N - --- --------
�Pa
4
Town of North Andover
Office of the Planning Department
Community Development and Services Divisc **
27 Charles Streeto M
North Andover,Massachusetts 01845 NOS H A
Heidi Griffin 1001 Jle hone{978}688-9535
Planning Director
June 20, 2001
Mr. Kenneth G�andstaff
Mesiti Development Group
100 Andover Bypass, Suite 300
North Andover,MA 01845
Re: Berrington Estates Place,-Definitive Subdivision Extension
Dear Mr. Grandsta
Please be advised that at the Planning Board's regularly scheduled meeting of June 19, 2001 the
North Andover Planning Board voted to grant an extension of time to construct the definitive
subdivision,Berrington Estates,until July 14,2002.
If you have any questions,please do not hesitate to contact me.
Sincerely,
AHi
Town Planner
cc: Joyce Bradshaw, Town Clerk
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9534 HEALTH 688-9540PLANNING 688-9535