Loading...
HomeMy WebLinkAboutTARA LEIGH DEVELOPMENTLincoln Daley Town Planner P (978) 688-9535 F (978) 688-9542 Town of North Andover Office of the Planning Department Community Development and Services Divisio Osgood Landing 1600 Osgood Street Building #20, Suite 2-36 North Andover, Massachusetts 01845 NOTICE OF DECISION 01 DEC 17 Any appeal shall be filed within (20) days after the date of filing this Notice in the office of the Town Date: December 10, 2007 Clerk. Date of Hearings: November 20 & December 4 2007 Date of Decision: December 4, 2007 Petition of: Tara Leigh Development 115 Carter Field Road, North Andover, MA 01845 Premises Affected: Bradford Street, Lot 2 over the adjacent lot 1, Map 62 -Parcel 139. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10 & Section 7.2.1 of the Zoning Bylaw for Access Other Than Legal Street Frontage Special Permit. Property is located within the R-1 Zoning District. At a public hearing given on the above date the Board voted unanimously to approve an Access Other Than Legal Street Frontage Special Permit for Bradford Street, Lot 2 over the adjacent lot 1. Board voted unanimously in favor based on the following conditions: cc: file BOARD OF APPEALS 688-9541 BUILDING 688-9545 Signed: /ic®f; Richard Nardella Chairman John Simons, Vice Chairman Alberto Angles, Chair Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member 3 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lot 1 and 2, Bradford Street, Map 62, Lot 139 Special Permit Approval - Access other than over the legal frontage The Planning Board makes the following findings regarding the application of Tara Leigh Development, LLC, 115 Carter Field Road, North Andover, MA, 01845, dated October 19, 2007, requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow access to Lot 2 over the adjacent lot, 1, owned by Realty Trust, c/o Anne Mohnken Renshaw, Trustee, 2910- Military Road, Washington, DC 20015. This special permit was requested by Tara Leigh Development, LLC, 115 Carter Field Road, North Andover, MA, 01845 on October 19, 2007. Tara Leigh Development, LLC submitted a complete application on October 19, 2007. The application was noticed and reviewed in accordance with the procedures for approval described in Section 7.2.1 and 10.3 of the Town of North Andover Zoning Bylaw. The area affected is located at 115 Carter Field Road, Map 62 Parcel 139-2 totaling approximately 143,775 square feet and located in the Residential 1 Zoning District. The Planning Board makes the following findings as required by the Town of North Andover Zoning Bylaw, Sections 7.2.1 and 10.3 FINDINGS OF FACT: 1. Access other than legal frontage to this lot is appropriate as a large area of wetlands covers the entire frontage of Lot 2. 2. Access other than legal frontage to these lots will create less impact on the wetland area therefore the location is appropriate; the driveway will not affect the neighborhood, and will not create a hazard to pedestrians or vehicles. 3. The specific site is an appropriate location for access to the lot given the current and projected traffic on the roadway, and the site distance to adjacent driveways and roadways. The Curb radii for the entrance/egress driveway is also adequate. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application. Upon reaching the above findings, the Planning Board approves this Special Permit with the following conditions: Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans and decisions: a. Plan titled: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Prepared for: Tara Leigh Development, LLC 185 Hickory Hill Road North Andover, Massachusetts Page 2 Lot 1 and 2, Bradford Street, Map 62, Lot 139 Special Permit Approval - Access other than over the legal frontage Prepared by: MHF Consultants, Inc. 103 Stiles Road, Suite One Salem, New Hampshire 03079 Scale 1"=40' Date: October 18, 2007 Sheets: 1 through 4 b. Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. 3. Prior to any site disturbance: a. All appropriate erosion control devices must be in place and reviewed by the Town Planner. b. The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. c. Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. 4. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 6. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 7. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted, December 4, 2007, unless substantial use or construction has commenced. Therefore the permit will lapse on December 4, 2009. Page 3 Lincoln Daley Town Planner P (978) 688-9535 F (978) 688-9542 Town of North Andover Office of the Planning Department Community Development and Services Divisi Osgood Landing 1600 Osgood Street Building #20, Suite 2-36 North Andover, Massachusetts 01845 NOTICE OF DECISION Al DEC f 7 Any appeal shall be filed within (20) days after the date of filing this Notice in the office of the Town Date: December 10, 2007 Clerk. Date of Hearings: November 20 & December 4 2007 Date of Decision: December 4, 2007 Petition of: Tara Leigh Development 115 Carter Field Road, North Andover, MA 01845 Premises Affected: Bradford Street, Lot 1 & Lot 2, Map 62 -Parcel 139. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10 & Section 4.136 of the Zoning Bylaw for a Watershed Special Permit to construct two (2) single-family residential dwellings, the construction of an 850+ foot shared driveway, installation of water and sewer lines, drainage and storm water management improvements, and associated grading work with the Conservation, Non -disturbance and Non -discharge Buffer Zones of the Watershed Protection District to service lot 1 and lot 2 for property located within the R 1 Zoning District. At a public hearing given on the above date for a Watershed Special Permit for Bradford Street, Lot 1 & Lot 2, Map 62, Parcel 139. Board voted unanimously in favor based on the following conditions: Signed: cc: file Richard Nardella, C r irman John Simons, Vice Chairman Alberto Angles, Chair Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Tara Leigh Development, LLC Lot 1 and 2, Bradford Street, Map 62, Lot 139 Watershed Special Permit Approval The public hearing on the above referenced application was opened November 20, 2007 and closed by the North Andover Planning Board on December 4, 2007. Thomas D. Zahoruiko appeared on behalf of the petitioner Tara Leigh Development Corporation, LLC. On December 4, 2007 upon a motion made by Alberto Angles, and seconded by Richard Rowen to GRANT a Watershed Special Permit to construct two (2) single-family residential dwellings, the construction of an 850+ foot shared driveway, installation of water and sewer lines, drainage and storm water management improvements, and associated grading work within the Conservation, Non Disturbance, and Non -Discharge Buffer Zones of the Watershed Protection District in accordance with the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. Specifically, work within the Conservation and Non -Disturbance Buffer Zones will include storm water management including surface and subsurface discharge, construction of the shared driveway and driveway access, installation of water and sewer lines, and associated grading work. No single-family dwellings have been proposed within the General and Non -Disturbance Buffer Zones. Work within the Non -Discharge Zone includes the construction of 2 residential homes, roadway construction, installation of water and sewer lines, retaining walls, and associated site grading and landscaping. Additional work within the Non -Discharge zone includes storm water management as surface discharge. This Special Permit was requested by Tara Leigh Development LLC, 115 Carter Field Road, North Andover, Massachusetts on October 19, 2007. The project area is located on Assessor's Map 62, Parcels 139-1 and 139-2. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North .Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to APPROVE was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board voted on the motion by a vote of 6-0. A Special permit issued by the Special Permit granting authority requires a vote of at least four members of a five -member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. FINDINGS OF FACT: In accordance with Section 4.136 of the Zoning Bylaw, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a. The proposed 2 single-family residential dwellings will be connected to the Town sewer system; b. A covenant will be placed in the deeds for Lot 139-1 and Lot 139-2 limiting the types of fertilizers that can be used on the site; c. The topography of the site will not be altered substantially. The two single-family homes and proposed driveway have been designed to minimise and mitigate the impacts to the wetland resource areas, vegetation, and natural topography; Page 2 Tara Leigh Development, LLC Lot 1 and 2, Bradford Street, Map 62, Lot 139 Watershed Special Permit Approval d. The limit of clearing is restricted to the minimum necessary to construct the structures and appurtenances; e. A construction phasing plan and emergency response plan shall be provided; f. The project utilizes a common driveway to minimize the amount of disturbance; and g. The design of the project incorporates the recommended BMP's provided by the Massachusetts Department of Environmental Protection. 2. There is no reasonable alternative location outside the Conservation Zone, Non -Disturbance Zone and Non -Discharge Zone for any discharge, structure or activity, associated with the proposed project. All homes, impervious areas and utilities are shown in areas that are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The storm water management facilities have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 1. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2. The 2 proposed single-family residential dwellings and shared access drive use will not adversely affect the neighborhood as the lots are located in a residential zone; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as the 2 single-family residential dwellings will have a diminutive effect on current and future traffic counts on Bradford Street; 4. Adequate and appropriate facilities are provided for the proper operation of the uses and 2 single- family residential dwellings; 5. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw since the use meets all the performance standards and criteria of the Zoning Bylaw described above; and Upon reaching the above fmdings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a. Plan titled: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Page 3 3` Tara Leigh Development, LLC Lot 1 and 2, Bradford Street, Map 62, Lot 139 Watershed Special Permit Approval Prepared for: Prepared by: Scale: Date: Sheets: b. Report titled: Prepared by: Dated: Tara Leigh Development, LLC 185 Hickory Hill Road North Andover, Massachusetts MHF Consultants, Inc. 103 Stiles Road, Suite One Salem, New Hampshire 03079 1"=40' October 18, 2007 1 through 4 Watershed Certification for Carter Crest North Andover, MA 01845 MHF# 103100 MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 August 6, 2003 c. The Town Planner shall approve any insubstantial changes made to these plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination of whether such changes would merit a public meeting or hearing and/or modification of the Special Permit by the Planning Board. 2. Prior to endorsement of the plans by the Planning Board, the applicant must comply with the following condition(s): a. Roof Infiltration System — The roof infiltrator for each single-family dwelling will be reviewed separately by a registered engineer and approved by the Town Planner prior to the issuance of a Form U. 3. Prior to any work on site: a. A performance guarantee of three thousand dollars ($3,000) for each lot in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the p ans and the conditions of this decision and to ensure that the as -built plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c. All erosion control measures as shown on the plan must be in placeand reviewed by the Town Planner and Conservation Department Agent. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e. All plans for the tie-in to the municipal sewer for each single-family residential dwelling must be Page 4 476 Tara Leigh Development, LLC Lot 1 and 2, Bradford Street, Map 62, Lot 139 Watershed Special Permit Approval f. reviewed individually and approved by the Division of Public Works either. The applicant or g• owners of either lot shall receive written confirmation the Division of Public Works approving said tie-in and forward a copy to the Planning Department. h. A construction phasing plan and emergency response plan are required to be provided to the Town Planner prior to any construction of the each of the single-family residential dwelling and access road commencing. 4. Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location of each residential dwelling and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5. Upon application of building permit: The applicant shall adhere to the following requirement s of the Fire Department and the Building Department a. All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 6. Prior to verification of a Certificate of Occupancy: a. The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department b. The Town Planner shall be provided with a copy of the deed to each residential lot, which shall include a deed restriction, which provides that only organic, low nitrogen fertilizers shall be used in lawn care or maintenance for that lot. 7. Prior to release of the Performance Bond: a. The applicant or owner of the property shall submit an as -built plan for each lot stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner and the Division of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b. The Planning Board must by a majority vote make a fmding that the site is in conformance with the approved plan. Page 5 Tara Leigh Development, LLC Lot 1 and 2, Bradford Street, Map 62, Lot 139 Watershed Special Permit Approval 8. In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 1. 9. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11. This peanut shall be deemed to have lapsed after a two- (2) year period from December 4, 2007, the date on which the Special Permit was granted unless substantial use or construction has commenced. cc: Applicant Conservation File Page 6 rt Lincoln Daley Town Planner P (978) 688-9535 F (978) 688-9542 Town of North Andover Office of the Planning Department Community Development and Services Divisi Osgood Landing 1600 Osgood Street Building #20, Suite 2-36 North Andover, Massachusetts 01845 NOTICE OF DECISION `'k8706, 7 P/j 1: r Any appeal shall be filed within (20) days after the date of filing this Notice in the office of the Town Date: December 10, 2007 Clerk. Date of Hearings: November 20 & December 4 2007 Date of Decision: December 4, 2007 Petition of: Tara Leigh Development 115 Carter Field Road, North Andover, MA 01845 Premises Affected: Bradford Street, Lot 1 & 2, Map 62 -Parcel 139. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10 & Section 2.30.1 of the Zoning Bylaw for a Common Driveway Special Permit to service Lot 1 and Lot 2 for property located within the R-1 Zoning District. At a public hearing given on the above date the Board voted unanimously to approve a Common Driveway Special Permit for Bradford Street, Lot 1 and Lot 2. Board voted unanimously in favor based on the following conditions: Signed: cc: file 4-/k/coF Richard Nardel a., Chairman John Simons, Vice Chairman Alberto Angles, Chair Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lot 1 and 2, Bradford Street, Map 62, Lot 139 Special Permit Approval - Common Driveway The Planning Board makes the following findings regarding the application of Tara Leigh Development, LLC, 115 Carter Field Road, North Andover, MA 01845, dated October 19, 2007, requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw to allow access to Lot 2 over the adjacent Lot, 1, owned by C/M Realty Trust, c/o Anne Mohnken Renshaw, Trustee, 2910- Military Road, Washington, DC 20015. The Planning Board herein approves this Special Permit with the following conditions: Finding of Fact: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by each common drive. 2. The design and location will not adversely affect the neighborhood. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit application before us. 5. Adequate standards have been placed on the design which will meet public health and safety concerns. 6. The specific location of the common driveway is appropriate due to the presence of wetlands between the street frontage and the building portion of the lot(s). 7. A construction phasing plan and emergency response plan are required. Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: a. Plan titled: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Prepared for: Tara Leigh Development, LLC 185 Hickory Hill Road North Andover, Massachusetts Prepared by: MHF Consultants, Inc. 103 Stiles Road, Suite One Salem, New Hampshire 03079 Scale 1" = 40' Date: October 18, 2007 Sheets: 1 through 4 Page 2 a �� Lot 1 and 2, Bradford Street, Map 62, Lot 139 Special Permit Approval - Common Driveway b. Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Town Planner to review. When the Town Planner deems the easement adequate, a copy must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner would require a public hearing and a modification by the Planning Board. 3. Prior to any site disturbance: a. The location of the driveway must be marked in the field and reviewed by the Town Planner. b. All erosion control devices must be in place as shown on the plan. c. The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. d. Tree clearing must be kept to a minimum. The area to be cleared must be marked in the field and reviewed by the Town Planner. e. A performance guarantee of five thousand ($5,000) in the form of a check made out to the Town of North Andover must be in place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. f. A construction phasing plan and emergency response plan are must be provided to the Town Planner. 4. Prior to FORM U verification: a. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission and the Department of Public Works. 5. Prior to Certificate of Occupancy issuance: a. The Applicant shall place a stone bollard at the entry to the common drive off of Bradford Street. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72". The stone shall have 48' exposed and 24' buried, and all -numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. Page 3 Lot 1 and 2, Bradford Street, Map 62, Lot 139 Special Permit Approval - Common Driveway b. The proposed dwellings on Lots 1 and 2 shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. 6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 7. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 8. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 11. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted, December 4, 2007, unless substantial use or construction has commenced. Therefore the permit will lapse on December 4, 2009. cc. Applicant Engineer File Page 4 A, Thomas D. Zahoruiko Tara Leigh Development LLC T , , ; rr, 115 Carter Field Road North Andover, Ma 01845 978-687-2635 20010CT 19 All ll; 32 Fax 978-689-2310 Lincoln Daley, Town Planner, & Town of North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: Carter Crest Special Permit Applications Dear Lincoln: The following applications are submitted regarding the proposed development and construction at Lot 1 and Lot 2 Bradford Street, Carter Crest site (a/k/a Renshaw property): 1. Watershed Special Permit - NAZB Section 4.136 2. Common Driveway Special Permit - NAZB Section 2.30.1 3. Access Other Than Legal Frontage Special Permit - NAZB Section 7.2.1 These applications are for the identical work and the same permits which were previously issued on November 18, 2003, and later issued extensions, but which have since expired. Those decisions are on file at the North Essex Registry of Deeds, and also in the records of the Planning Department. We are asking that the three applications be heard concurrently, and are seeking new permits exactly as issued previously. We are requesting that the outside review be waived due to the fact that these identical plans and requests were fully reviewed with the original submissions, and the technical standards have remained constant. These applications are assembled here in one complete package for your review. STATEMENT OF ENVIRONMENTAL & COMMUNITY IMPACT As required by the Watershed Special Regulations, the following is a Statement of Environmental and Community Impact and Specific Requirements to be met for obtaining a Special Permit. 1. Description of Proposed Project The property is presently two undeveloped lots comprising a total of 6.88 acres and 568' frontage on Bradford Street. Topography ranges fruni 136' at the frontage on Bradford Street to 220' at the rear of the site. The site is wooded with a mix of deciduous and evergreen vegetation and open meadow, with the frontage is defined by mature deciduous trees and woody plant under -story. The property is zoned R-1, and is within the Lake Cochichewick Watershed. These applications propose the construction and development of the driveway to access, utilities to service, and the two homes. In an effort to minimni7e the cut and fill in the non -disturbance zone of the Watershed Protection District, the access for Lot 2 is provided by a common driveway shared with Lot 1. The following details the proposed impact to wetland and buffer zone areas: Carter Crest 102007 Transmittal.wps 10/192007 A. Conservation Zone (within 75' of all wetland areas) 1. Driveway access and sewer line construction. See attached plans for specific details. (Allowed Use - Section 4.135 para 3d) B. Non Disturbance Buffer Zone (between 75' and 150' of all wetland resource areas) 2. Driveway access, sewer line construction, storm water management and associated grading See attached plans for specific details. (Use allowed by Special Permit - Section 4.135 para 3c). No structures of any kind have been proposed within this zone. C. Non -Discharge Buffer Zone (between 150' and 400' of all wetland resource areas). 3. Driveways, homes, utilities, associated retaining walls and site grading. See attached plans for specific details. (Allowed Use - Section 4.135 para 3b(i)). 4. Strorwater management including surface discharge and associated grading. (Use allowed by Special Permit - Section 4.135 para 3b(ii)). For a more detailed description of the proposed layout refer to the attached plans. 2. Adverse Impacts and Alternative Development: Short-term adverse impacts may include typical construction activity, dust, and limited noise. All efforts will be made to reduce the impact of construction on the neighborhood, including police details, limited construction hours and roadway watering. The project will have no long-term advers impacts to the neighborhood, or the town of North Andover. 3. Natural Environment: A. Air and Noise Pollution: The new homes will have a varying roofline, at no time exceeding 2.5 stories. Each lot will has more than 2 acres, and is adjacent to protected open space. B. Water Pollution: The design of this project incorporates the recommended BMP's provided by the Massachusetts Department of Environmental Protection in all storm water and drainage improvements, and the plans and work details were previously consented to by the Town's outside consultant. C. Land: The provision of a common driveway helps to minimize the impact to the natural topography and existing vegetation. D. Plants and Wildlife: Every attempt has been made to minimize the impact to existing vegetation. E. Water Supply: The project will tie into the municipal water supply available along the lot frontage. The municipal system has adequate capacity to supply the needs of the two homes. F. Sewage Disposal: The project will extend available public utilities at its own cost. Each home will be provided with a sewer connection, minimizing the chance of unwanted pollutants entering the ground water. 4. Man -Made Environment A. Existing Neighborhood Land Use: The character of the project will reflect the rural aesthetic presently defined by Bradford Street neighborhood. The project minimizes the impact to existing slopes, and provides significant buffer to surrounding properties and wetlands. B. Zoning: As the property is zoned R-1, single family residential lots of two acres minimum are allowed by right. 5. Public Services Carter Crest 102007 Transmittai.wps 10/192007 A. School Department: The ANR plans were previously provided to the School Department. The applicant hereby requests a waiver from supplying additional information at the time of submission. B. Police Department: Plans were previously provided to the North Andover Police Department. The applicant hereby requests a waiver from supplying additional information at the time of submission. C. Fire Department: The plans were previously provided to the North Andover fire Department. The applicant hereby requests a waiver from supplying additional information at the time of submission. D. Recreation: No public recreational facilities are proposed in this project. E. Solid Waste Disposal: Like other existing homes in the neighborhood, it is anticipated that these homes will be provided with municipal rubbish removal. F. Traffic: The construction of two new homes will have a negligible impact on the present traffic volumes associated with Bradford Street. Due to the limited nature of this project, the applicant hereby requests a waiver to the strict compliance with this requirement. G. Highway Department: Appropriate provisions have been made for safe access and egress to and from the proposed homes. All construction activity will conform to the requirements of the North Andover DPW, Fire and Police Departments. 6. Aesthetics A. Lighting: Any new light posts shall be residential in scale and character, matching the proposed architectural style of the new homes. B. Landscaping: Due to the limited nature of this project, the applicant hereby request a waiver to the strict compliance with this requirement. C. Visual: The development of two new homes will have negligible impact on the present visual character associated with Bradford Street. 7. Planning This proposal respects the agricultural character of the neighborhood. The preservation of rural character and open space are both fundamental principles of the Town's Masterplan and Open Space Plan. 8. Traffic The construction of two new homes will have a negligible impact on the present traffic volumes associated with Bradford Street Due to the limited nature of this project, the applicant hereby requests a waiver to the strict compliance with this requirement. 9. Cost/Benefit Analysis The construction of two new homes will have a negligible impact on the municipal services throughout the Town of North Andover. Due to the limited nature of this project, the applicant hereby requests a waiver to the strict compliance with this requirement 10. Materials Estimate The applicant respectfully requests a waiver from this requirement at the time of submission. 11. Soil Erosion and Sedimentation Control Plan Please refer to the Soil Erosion and Sedimentation plan prepared by MHF Design Consultants that was included in the original applications, and the plan set A current dated copy can be provided if deemed necessary. Carter Cr vet 102007 Transmittalwps 10/19/2007 12. The SPGA may also require that supporting materials be prepared by other professionals including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian, biologist, geologist, or hydrologist when in its judgment the complexity of the proposed work warrants the relevant specified expertise. The applicant is prepared to present these plans and provide needed information requested b ythe North Andover Planning Board throughout the approval process 13. The NAZB Section 10.31, SPGA findings to be met A. The specific site is an appropriate location for such use, stricture or condition. As the property is zoned R-1, single family residential homes on two acre minimum lots are allowed by right. B. The use as developed will not adversely affect the neighborhood. The character of the project will reflect the aesthetic presently defined by the surrounding Bradford Street neighborhoods. The project minimizes impact to existing slopes, and provides significant buffer to surrounding properties and wetlands. C. There will be no nuisance or serious hazard to vehicles or pedestrians. The development of two new homes will have a negligible impact on the present traffic volumes associated with Bradford Street. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will extend utilities at its own cost. Each home will be provided with a sewer and water connection, minimizing the chance of unwanted pollutants entering the groundwater. E. The SPGA shall not grant any special permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this bylaw. The North Andover Zoning Bylaw encourages the reduction of impervious surface and minimization of the required public infrastructure to service new developments. This project specifically met these objectives throught the following efforts: 1. Reduction in pavement width and impervious surface within the Watershed Protection District. 2. Preservation of the rural character along Bradford Street. 3. Preservation of existing grades, views, mature vegetation. We are confident that the plans and supporting information we have submitted are in keeping with the general intent of the North Andover Zoning Bylaw, and are in the best interest of the neighborhood and the Town of North Andover. Please refer to the attached plans for a complete list of waivers being sought in the approval of this project. For the reasons outlined above, we respectfilly request the Planning Board issue a Watershed Special Perini Common Driveway Special Permit, and Access Other Than Legal Frontage Special Permit, consistent with those previously issued and referenced, for this proposed work. We appreciate your time and consideration with regard to this matter, and we look forward to working with you thro i +ut the approval process. Please feel free to contact me with any further questions or co Sincerely, Carter Crest 102007 Transmittal.wps er Development LLC 10/19/2007 Town of North Andover Planning Board Application for Watershed Special Permit Please type or print clearly. ru 711 .bevel Me LL.G S Ca. r+rt ewh Atik&veri MA ofeLts 1. Petitioner: 2. Petitioner's Address: Telephone number: ` f 76$ 7- t 6 3 S. C /r^ Real Tn}st, C/, Anne Motu%bers Rehs6A,a)Tn ee, Address: 2q10 a.t t`zl? Wakskiv ` D. C D.C. 2c t Sj Number of years of ownership: 106 yr S •'l 3. Year lot was created: 2003 Owners of the Land: 4. Is the lot currently on septic or sewer? 1/1,14 If on sewer, please provide date the sewer connection was completed: 5 EVER to/Alt./QV 5. Description of Proposed Project: C }rtabf ' Colri.w /k\ til*f os accreSS Q*+ap uft\ 'te.i to Service two new es Tindal onic7p.l seuvor . Reco9r a -tke s`.!e'S ecdoaec4.1 c aedtie � c *Art. *on, 1-�tt� e hu ttic. lA4ercl% ase't'o . kkr EblvR I Lana beer. l ; w.;4 & atlas cie tt, le.k dlescniy! ar, . 6. Description of Premises: u o ukc eueL eil !al conieris•w� 6.88 mores ah4 54as �'nswiac�C oh gtad{'ott. sta.eek.-To(,op�J` iv moles 4'entr+d►36',ia+! 13%A&C' dSk . 'to 22.0'a'1. rear' of scte. Mix aP �eC;�t ot4i a eut�tee, VegehelseX andape.1 MR•046.0 c,. 1.-Proni4+ge diE4 QL V Pdlcae cieci "le es ees a� Q c000eiy p►af'I c, fs�m"X • 7 o W E,D +R-1 o.�t9, su ii.:N t1�,e. La 2 Cock ckeLu cL wa'Iets. edt v 7. Address of Property Being Affected talc 1* 2 8,044 r?X 5teettt etIN 41,4Cr •MA Zoning District: R 1 Assessors: Map: 62. Lot # 1341 Registry of Deeds: Book #: 2 7 ro3 Page #: 217. ZZO, 221 8. Existing Lot: Lot Area (Sq. Ft) 1 IrC,,g27. 2:145,77S • Street Frontage: 1 2 37. a 3' i : 330.72' Front Setback: n ohe. Floor Area Ratio: None, 9. Proposed Lot (if applicable): Lot Area (Sq. Ft) sivAt Street Frontage: Front Setback: Floor Area Ratio: so'+ N /A BuildingHeight none, Side Setbacks: hone Rear Setback: n o nt Lot Coverage: no,( € Building Height MAX. 3S 1 Side Setbacks: 30' Rear Setback: 3 d+ Lot Coverage: G 4 aro 10. Required Lot (as required by Zoning Bylaw): Lot Area (Sq. Ft) 2, . 0 ?tCP . Street Frontage: 17S• Front Setback: 3 0' Floor Area Ratio: N IA 11. Existing Building (if applicable): Ground Floor (Sq. Ft.) Total Sq. Ft. Use: NIA 12. Proposed Building: Ground Floor (Sq. Ft.) 3S 00 S FI Pack Total Sq. Ft. 7V/A Use: SIt.)61.6' FA,u W Ra51.i t,rIAL Building Height 25 ; 2 Malt Side Setbacks: 30' Rear Setback: SO' Lot Coverage: 1v /A # of Floors: p/A Height:1 Type of Construction NA #of Floors: 2.S STORIES Height: 35' /0.4RX Type of Construction Wool) FRAME. 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? if S If so, when and for what type of construction? t be N11 CAL. Zozi3 14. Section of Zoning Bylaw Requested N /1Z I3 Sei or1S: 15. Petitioner and Landowner signature(s): that Special Permit Is Being cO.3 (SPECIAL. PERM 1T) 4.\sc(luxi-tut- ri> RtoT4 tlot) DisTRla) Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with applies'on requirements, as cited herein and in the Planning Board Rules and Regulations may result iqd smissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: NAdm .D -ZAL roil•7r:t lei J vet pt,e' 11C Print or type name here: .&)24"S 1S . /..dJkart 1K0 - /AaNba p d Pir dialer 16. Please list title of plans and documents you will be attaching to this application. 5fecfa4 (eri+`l4�{ aAs Car ,Cox Gret"i' �� p tui Abc,kts (4' iii LNAAc, sJ (.QM aF ak laVtr L Town of North Andover Planning Board Application for Special Permit Please type or print clearly. 1. Petitioner: "cGB ttl. Let t i D .. I 1- b Petitioner's Address: / ge( 14) N . Atatiel) �1�(�l as-9( Telephone number: et) g' -a-7-2o S" 2. Owners of the Land: �� �RH,7S±y c/ANC ,�nj7n t$v1SkgW„)%(Lck Address: 2q )U WI biz", 49, LktsU1,9 f1 Drl t c Number of years of ownership: / (kJ/Tr 3. Year lot was created: 1...06.3 4. Descr,}'ptiogpfProposed Project: OmSiTt, llri►t Amyl[Ayer" 't�7f aCGtss. cc olitileS %a se r•t ert. 'teu0 h,�, corm • U r 5. Descrj'f tion of Pre ises; �GI.,6 64E cnsiy 6*.je QCtQJ 6. Address of Property Being Affected Lii' I+ Z Qfetzi Pak Stieef, 414 Alivae ri Mv! Zoning District: R 1 Assessors: Map: ,( Lot # Registry of Deeds: Book #: 27.E, 3 Page #: Z 1", 2 Z0,27-) 7. Existing Lot: Lot Area (Sq. Ft) ) : "if 27. 1 .. 143,77r Street Frontage: 1 . Z37. 93 1: 330.73 Front Setback: h U>^e Floor Area Ratio: n Mkt_ 8. Proposed Lot (if applicable): st APR sal wrQ Lot Area (Sq. Ft) Street Frontage: Front Setback: Floor Area Ratio: NWA 9. Required Lot (as required by Zoning Bylaw): Lot Area (Sq. Ft) 2 .h ,q� Street Frontage: Building Height Ma. Side Setbacks: )i ei4e Rear Setback: di OAR Lot Coverage: A d>+2 Building Height oket.1+ 3S Side Setbacks: 3 pd �F Rear Setback:.36" Lot Coverage: 4,4 a% Building Height . S Z. SS71rnc$ Side Setbacks: TO s Front Setback: 36 Floor Area Ratio: .k./ 10. Existing Building (if applicable : Ground Floor (Sq. Ft.) N Total Sq. Ft. Use: %4 Rear Setback: 3a Lot Coverage: ) /)4 11. Proposed Building: Ground Floor (Sq. Ft.) �Oo f eau Total Sq. Ft. tv)4 Use: S/Nd C ReE ZacKed. 12. Has there been a previous application for a Special Permit from the PlantBQard Qn these premises? 7° If so, when and for what type of construction? ,hy i r d' 2643 13. Section of j.°ning Bylaw that �p Special Permit Is Being Requested -�PGF?cm '�.2• 1 4, 10,-X�s, 2, 3©. 1 # of Floors: ti/!4 Height: A) )4 Type of Construction k 9 # of Floors: 2. S— S lS. Height: 3 AA a.)'' Type of Construction 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with applicatio requirements, as cited herein and in the Planning Board Rules and Regulations may result in ai nissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name h -7-49-144t5 n-j61 4-1WeajArit &)-e-ke 15. Please list title of plans and documents you rr will be attaching to this application. S c'2G1 a& , f►�1 Q l 1'!\ `1�r Cart-C_ ray.s.ijA t-e er P 1\tAcs tst l Town of North Andover Planning Board Application for Special Permit Please type or print clearly. 1. Petitioner: Petitioner's Address: (a tsac DevapuLt L tics 64,1 is 4749 5Verj Telephone number: 7y )—Z6.? C 2. Owners of the Land: dl l r�G(! .475 LS t `6 64 rye J X a I n P ft; kw, 0'6 Address: ZJ t I %Ivy RJ, klskcr C,, ZGb 1 r Number of years of ownership: ) t k) 1/rs • + 3. Year lot was created: Z- 663 4. DescRiptiogn of Proposed Project: Cm1144.671rds. 6 c4s704tar1 dor ri te Pit Qmr' acerei et/ iNes fib ,se -two AZtAk kavej 5. Description of Premis s: icya— irrl use )'is &r1 � b $Sl ac:Pes --•. 6. Address of Property Being Affected Lot (1-2 gAdTo c2kS'h • 1J6 ffih A •ev Zoning District: R 1 Assessors: Map: b Z Lot # 13 c/ Registry of Deeds: Book #: Z 743 7. Existing Lot: Lot Area (Sq. Ft) l : 151,82.7. 2 = 143''7 7 r- Street Frontage: it 2371{3' 2: 330.73 Front Setback: yte Floor Area Ratio: 8. Proposed Lot (if applicable): Lot Area (Sq. Ft) SA YV•t, Street Frontage: Front Setback: Floor Area Ratio: n+I,q 9. Required Lot (as required by Zoning Bylaw): Lot Area (Sq. Ft) ? .p y46'e Street Frontage: Page #:Z)7)L2O9tZ) Building Height V14‘t2 Side Setbacks: flCJb Q Rear Setback: Aux:. Lot Coverage: Y1dh2. Building Height MAX �S Side Setbacks: 30 / 4- Rear Setback: 50/ 4- Lot Coverage: L. 470 Building Height .?S" Z• S .f iz n e j Side Setbacks: ?p/ Front Setback: 30 Rear Setback: 36/ Floor Area Ratio: N/if Lot Coverage: iu /,4 10. Existing Building (if applicabl : 1 Ground Floor (Sq. Ft.) N # of Floors: NI �'( Total Sq. Ft. !v ' Height: )..)/ #f Use: h✓/� Type of Construction 11. Proposed Building: Ground Floor (Sq. Ft.) 3SZ SF f �C►cJ� Total Sq. Ft. Use: Slitie ss' Fota..it,d' 1.1jdP%ir # of Floors: Z • S" S,6rrrie.t Height: -nS'M •¢i/ Type of Construction G dab Pfists9E 12. Has there been a previous application for a Special Permit from the Planning Bq_ard on these premises? If so, when and for what type of construction? 244%eQ 2063 13. Section of ,Zoning Bylaw tat Special Permit Is Being Requested Sec�-1611 1.1 . o� ty' t. • 3 0.1 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner s be responsible for all expenses for filing and legal notification. Failure to comply with appli n requirements, as cited herein and in the Planning Board Rules and Regulations may result ' dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name here: �7/� -2. Z V IGtO r7Zr� > Cr Omer 15. Please list title of plans and documents you will be attaching to this application. i)e(KJ. itemd Pt4\ � CO. cte T rwASmst \ 1 Ekler Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 62 139 C/M Realty Trust 2910 Military Road Washington, DC 20015 Abutters Properties Map Parcel Name Address 62 5 Town of North Andover Conservation Commission 120 Main Street North Andover, MA 01845 62 8 Town of North Andover Conservation Commission 120 Main Street North Andover, MA 01845 62 140 Tara Leigh Development 121 Carter Field Road North Andover, MA 01845 Date 10/18/2007 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Ja#4 4,ty /, ao�7 Certified by: Date / 0/0 (/o7 s MB 1111111111 %y • MINI drimmill111111 103 Stiles Road • Suite One • Salem, New Hampshire 03079 MHF Design Consultants, Inc. TEL (603) 893-0720 • FAX (603) 893-0733 August 6, 2003 North Andover Planning Board C/o North Andover Community Development and Planning 27 Charles Street North Andover, Massachusetts 01845 Re: Watershed Certification /Carter Crest Subdivision MHF # 110900 Dear Board Members: On behalf of Tara Leigh Development, LLC, this letter serves as our certification that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The site has been designed specifically to minimize the impact of the project to the buffer zones associated with the Watershed Protection District. Specifically, no impervious surfaces, homes, roof drains or associated structures have been located within the Non -disturbance zone. In addition, all homes will be tied to the municipal sewer system, eliminating the need for additional septic fields and possible nitrogen loading within the Watershed Protection District. Storm water management for the site has also been designed to encourage recharge through overland flow, and the use of fertilizer will be limited to organic methods with reduced nitrogen content. Should you have any questions, please feel free to contact me at your convenience. Sincerely yours MHF DESIGN CONSULTANTS, INC. Frank ! nteiro, P.E. Princi Cc: Mr. Thomas Zahoruiko, Tara Leigh Development, LLC ENGINEERS PLANNERS SURVEYORS 11/24/03 Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk NOTICE OF DECISION Date: November 18, 2003 Date of First Hearing: September 23, 2003 Petition of: Tara Leigh Development, LLC 185 Hickory Hill Road, North Andover, MA 01845 Premises affected: Renshaw Property — Bradford Street Map 62, Parcel 139, 6.88 acres Referring to the above petition for a Watershed Protection District Special Permit. The application was noticed and reviewed in accordance with the procedures for approval described in Section 4.136,10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. So as to allow: driveways, sewer line construction, stormwater management, homes, utilities, associated retaining walls and site grading in the Non -Disturbance and Non -Discharge Buffer Zone. After a public hearing given on the above date, the Planning Board voted to APPROVE the watershed special permit, based upon the following conditions: CC: l/(14A--/ Alberto Angles, Chairman Applicant Richard Nardella Engineer John Simons Felipe Schwarz George White James Phinney 12/04/03 Bradford Street Lot's 1 & 2 - Map 62, Lot 139 Special Permit - Watershed Protection District The Planning Board hereby grants the Watershed Protection District Special Permit, and makes the following findings based on the application of Tara Leigh Development Corporation, LLC, 185 Hickory Hill Road, North Andover, MA 01845, who submitted this application on August 13, 2003. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected is located off Bradford Street in the R-1 Zoning District and is identified in the Assessor's Map and Parcel Numbers shown on the plans cited in Special Condition #1 below. The applicant is requesting a watershed special permit to permit certain work related to the development of two house lots shown on the plans in Special Condition #1 below within the Non -Discharge and Non -Disturbance Buffer Zone of the Watershed Protection District. Specifically, work within the Non -Disturbance Zone will include driveway access, sewer line construction, stormwater management and associated grading. No structures of any kind have been proposed within this zone. Work within the Non -Discharge Zone will include the driveways, homes, utilities, associated retaining walls and site grading. Additional work in the Non -Discharge Zone includes stormwater management including surface discharge and associated grading. FINDINGS OF FACT: In accordance with Section 4.136 of the Zoning Bylaw, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The proposed dwellings will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct the structures and appurtenances; e) A construction phasing plan and emergency response plan are provided. f) The project utilizes a common driveway to minimize the amount of disturbance. 2. There is no reasonable alternative location outside the Non -Disturbance Buffer Zone and Non - Discharge Zone for any discharge, structure or activity, associated with the proposed project. All homes, impervious areas and utilities are shown in areas that are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The stormwater management facilities have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 12/04/03 a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lots are located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw since the use meets all the performance standards and criteria of the Zoning Bylaw described above. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Assessors Map 62, Lot 139 Dated: July 11, 2003, revised November 17, 2003 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1- 4 Scale: b) Report titled: Watershed Certification for Carter Crest North Andover, MA 01845, MHF #103100 Prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated: August 6, 2003 c) The Town Planner shall approve any insubstantial changes made to these plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination of whether such changes would merit a public meeting or hearing and/or modification of the Special Permit by the Planning Board. 12/04/03 Prior to endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) Roof Infiltration System The roof infiltrator will be reviewed by a registered engineer and approved by the Town Planner prior to issuance of a Form U. 3) Prior to any work on site: a) A performance guarantee of three thousand dollars ($3,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. f) A construction phasing plan and emergency response plan are required to be provided to the Town Planner prior to any construction commencing. 4) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5) Upon application of building permit: The applicant shall adhere to the following requirements of the Fire Department and the Building Department: a) All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 12/04/03 6) Prior to verification of a Certificate of Occupancy: a) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. b) The Town Planner shall be provided with a copy of the deed to each residential lot which shall include a deed restriction which provides that no pesticides, fertilizers or chemicals shall be used in lawn care or maintenance for that lot. 7) Prior to release of the Performance Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner and the Department of Public Works for approval The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 8) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 1. 9) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 11) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or controL 12) This permit shall be deemed to have lapsed after a two- (2) year period from the date November 10, 2005 on which the Special Permit was granted unless substantial use or construction has commenced. cc: Applicant File 11/24/03 Lots 1 and 2 Bradford Street Special Permit Approval - Common Driveway The Planning Board makes the following findings regarding the'apipheatiz*t oP Traeigh Development, 185 Hickory Hill Road, North Andover, MA 01845, dated August 13, 2003 requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw to allow for the construction of a common driveway for Lots 1 and Lot 2, Bradford Street. The Planning Board herein approves this Special Permit with the following conditions: Finding of Fact: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by each common drive. 2. The design and location will not adversely affect the neighborhood. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit application before us. 5. Adequate standards have been placed on the design which will meet public health and safety concerns. 6. The specific location of the common driveway is appropriate due to the presence of wetlands between the street frontage and the building portion of the lot(s). 7. The specific site access is an appropriate location given the current and projected traffic on the roadway, and the site distance to adjacent driveways and roadways. The curb radii for the entrance /egress driveway is also adequate. 8. A construction phasing plan and emergency response plan are required. 9. The lots are in the Watershed Protection District and the common driveway mitigated the amount of impervious surface. Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: a) Plan titled: Special Peiuiit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Assessors Map 62, Lot 139 Dated: July 11, 2003, revised November 17, 2003 1 Lots 1 and 2 Bradford Street — Common Driveway 11/24/03 Applicant: Tara Leigh Development, LLC Civil Engineer:MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1 - 4 Scale: 1 "=40' Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Town Planner to review. When the Town Planner deems the easement adequate, a copy must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner would require a public hearing and a modification by the Planning Board. Prior to any site disturbance: a) The location of the driveway must be marked in the field and reviewed by the Town Planner. b) All erosion control devices must be in place as shown on the plan. c) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. d) Tree clearing must be kept to a minimum. The area to be cleared must be marked in the field and reviewed by the Town Planner. e) A performance guarantee of five thousand ($5,000) in the form of a check made out to the Town of North Andover must be in place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. f) A construction phasing plan and emergency response plan are must be provided to the Town Planner. 4. Prior to FORM U verification: a) This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission and the Department of Public Works. 2 Lots 1 and 2 Bradford Street - Common Driveway 11/24/03 5. Prior to Certificate of Occupancy issuance: a) The Applicant shall place a stone bollard at the entry to the common drive off of Bradford Street. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 8" x 8" x 72". The stone shall have 48' exposed and 24' buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for purposes of public safety. The proposed dwellings on Lot 1-2 shall have a residential fire sprinkler system installed as required by the North Andover Fire Department. 6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 7. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 8. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 11. This permit shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on November 18, 2005. cc. Applicant Engineer File 3 Lots 1 and 2 Bradford Street — Common Driveway Lot 2, Bradford Street, Map 62, Lot 139 Special Permit Approval - Access other than over the legal fron g The Planning Board makes the following findings regarding the application ur 11#ra Leigh Development, LLC, 185 Hickory Hill Road, North Andover, MA 01845, dated October 2, 2003, requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow access to Lot 2 over the adjacent lot, 1, owned by C/M Realty Trust, c/o Anne Mohnken Renshaw, Trustee, 2910- Military Road, Washington, DC 20015. FINDINGS OF FACT: 1. Access other than over legal frontage to this lot is appropriate as a large area of wetlands covers the entire frontage of Lot 2. 2. Access other than over legal frontage to these lots will create significantly less impact on the wetland area therefore the location is appropriate; the driveway will not affect the neighborhood, and will not create a hazard to pedestrians or vehicles. 3. The specific site access is an appropriate location, given the current and projected traffic on the roadway, and the site distance to adjacent driveways and roadways. The Curb radii for the entrance/egress driveway is also adequate. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application. Upon reaching the above findings, the Planning Board approves this. Special Permit with the following conditions: Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans and decisions: a) Plan titled: Special Permit Plan for Carter Crest Bradford Street North Andover, Massachusetts 01845 Assessors Map 62, Lot 139 Dated: July 11, 2003, revised November 17, 2003 Applicant: Tara Leigh Development, LLC Civil Engineer:MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1— 4 Scale: 1 "=40' b) The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. c) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. Prior to any site disturbance: a) All appropriate erosion control devices must be in place and reviewed by the Town Planner. b) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. Tree clearing must be kept to a minimum The area to be cleared must be reviewed by the Town Planner. 3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 5. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7 The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Peiiuit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on November 18, 2005. 5. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plan must be reviewed and approved by the Town Planner an subsequently endorsed by the Planning Board. Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision AW NO OVER Telephone (978) 688-9535 (9It$ -9W I: 4 U Date: June 6, 2001 Date of Hearing: May 1, 2001 Petition of: Tara Leigh Development, LLC 185 Hickory Hill Rd North Andover, MA Premises Affected: Lot 1 Bradford Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 7.2.2. So as to allow: for the creation of a Frontage Exception Lot, Lot 1 Bradford Street After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Frontage Exception Lot, based upon the following conditions: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department ZBA Signed: Alison Lescarbeau, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen Richard Nardella BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lot 1 Bradford Street Special Permit Approval— Frontage Exception Lot The Planning Board makes the following findings regarding the application of Tara Leigh Development LLC, 185 Hickory Hill Road, North Andover, MA 01845, owned by C/M Realty Trust Anne M. Renshaw & William S. Strong Trustees, 2910 Military Road, Washington, DC 20015, dated April 10, 2001, requesting a Special Permit under Section 7.2.2 of the North Andover Zoning Bylaw for the creation of a Frontage Exception Lot, Lot 1 Bradford Street. FINDINGS OF FACT: Lot 1 Bradford Street conforms to all of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows: 1. The area lot lot exceeds by three times the minimum area required for that Zoning District (87,120 square feet) as the lot contains 392,295 square feet. 2. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50') feet at any point between the street and the existing home. The lot contains 50.19' of frontage on Bradford Street. 3. There is not more than one other such lot with frontage contiguous to it. Lot 2 is the only other lot with frontage contiguous to it that is a frontage exception lot. 4. The lot is located as not to block the possible future extension of a dead end street. Both lots have frontage on Bradford Street, which is a through way connecting Great Pond Road and Barker Street. The creation of this lot will not block the future extension of a dead end street. 5. The creation of the lot will not adversely affect the neighborhood. The development of single family homes on a lot in excess of 8 acres is in keeping with the current zoning and respects the rural character of the existing neighborhood. 6. The granting of this special permit will not be detrimental to the town as the alternative to the creation of this lot is a multi lot subdivision. 7. The creation of the frontage exception lot is in harmony with the general purpose and intent of this bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit with the following conditions: Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. part of this decision are the following plans: Plans titled: Prepared For: Prepared by: Scale: Plan Date: Special Permit Plan -Lot 1 Tara Leigh Development, LLC 185 Hickory Hill Road North Andover, MA 01845 MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 1 "=100' March 27, 2001 Included as a a) The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. 2. The applicant must post a security with the Planning Board in the amount of $1,000 to ensure that the obligations of Condition #3 noted below will be executed. 3. Prior to release of security: a) Lot 1 shall not be reduced in area below 261,360 SF (6 acres). Certification of this must be provided to the Planning Department in the form of a restrictive covenant. The covenant shall be reviewed by the Town Planner, and if acceptable, then recorded at the Essex North Registry of Deeds. A copy of the recorded covenant must then be provided to the Planning Department. b) A covenant must be placed on Lot 1 which stipulates the following: • Lot 1 must obtain a building permit from the Town of Boxford. • The lot owner and residence constructed on Lot 1 shall not be entitled to Town of North Andover municipal services, which services shall include, but not be limited to, water, sewer, rubbish pick-up and education. • Lot 1 will be identified with a Boxford address. • Land area of Lot 1 within the Town of North Andover shall not be considered "buildable" in and of itself. 4. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 5. This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on June 6, 2003. cc: Sherry Baers, Planning Director, Town ofBoxford Applicant Engineer File Fire Chief Police Chief Building Inspector Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Telephone (978) 688-9535 Fax (978) 688-9542 Notice Of Decision Date: June 6, 2001 Date of Hearing: May 1, 20(f cn Petition of: Tara Leigh Development, LLC 185 Hickory Hill Rd North Andover, MA Premises Affected: Lot 2 Bradford Street Referring to the above petition for special permit from the requirements of the North Andover Zoning Bylaw Section 7.2.2. So as to allow: for the creation of a Frontage Exception Lot, Lot 2 Bradford Street After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Frontage Exception Lot, based upon the following conditions: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department ZBA Signed: M4lert Alison Lescarbeau, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen Richard Nardella BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • Lot 2 Bradford Street Special Permit Approval — Frontage Exception Lot The Planning Board makes the following findings regarding the application of Tara Leigh Development LLC, 185 Hickory Hill Road, North Andover, MA 01845, owned by C/M Realty Trust Anne M. Renshaw & William S. Strong Trustees, 2910 Military Road, Washington, DC 20015, dated April 10, 2001, requesting a Special Permit under Section 7.2.2 of the North Andover Zoning Bylaw for the creation of a Frontage Exception Lot, Lot 2 Bradford Street. FINDINGS OF FACT: Lot 2 conforms to all of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows: 1. The area lot lot exceeds by three times the minimum area required for that Zoning District (87,120 square feet) as the lot contains 369,775 square feet. 2. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50') feet at any point between the street and the existing home. The lot contains 50.40' of frontage on Bradford Street. 3. There is not more than one other such lot with frontage contiguous to it. Lot 1 is the only other lot with frontage contiguous to it that is a frontage exception lot. 4. The lot is located as not to block the possible future extension of a dead end street. Both lots have frontage on Bradford Street, which is a through way connecting Great Pond Road and Barker Street. The creation of this lot will not block the future extension of a dead end street. 5. The creation of the lot will not adversely affect the neighborhood. The development of single family homes on a lot in excess of 8 acres is in keeping with the current zoning and respects the rural character of the existing neighborhood. 6. The granting of this special permit will not be detrimental to the town as the alternative to the creation of his lot is a multi lot subdivision. 7. The creation of the frontage exception lot is in harmony with the general purpose and intent of this bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit with the following conditions: Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. part of this decision are the following plans: Plans titled: Prepared For: Prepared by: Scale: Plan Date: Special Permit Plan -Lot 2 Tara Leigh Development, LLC 185 Hickory Hill Road North Andover, MA 01845 MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 1"=100' March 27,,2001 Included as a a) The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. 2. The applicant must post a security with the Planning Board in the amount of $1,000 to ensure that the obligations of Condition #3 noted below will be executed. 3. Prior to release of security: a) Lot 2 shall not be reduced in area below 261,360 SF (6 acres). Certification of this must be provided to the Planning Department in the form of a restrictive covenant. The covenant shall be reviewed by the Town Planner, and if acceptable, then recorded at the Essex North Registry of Deeds. A copy of the recorded covenant must then be provided to the Planning Department. b) A covenant must be placed on Lot 2 which stipulates the following: • Lot 2 must obtain a building permit from the Town of Boxford. • The lot owner and residence constructed on Lot 2 shall not be entitled to Town of North Andover municipal services, which services shall include, but not be limited to, water, sewer, rubbish pick-up and education. • Lot 2 will be identified with a Boxford address. • Land area of Lot 2 within the Town of North Andover shall not be considered "buildable" in and of itself. 4. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 5. This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was gianted unless substantial use or construction has commenced. Therefore the permit will lapse on June 6, 2003. cc: Sherry Baers, Planning Director, Town of 1oxford Applicant Engineer File Fire Chief Police Chief Building Inspector