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HomeMy WebLinkAboutTARA LEIGH DEVELOPMENT (2)Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. alum i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information From: North Andover Conservation Commission To: Applicant Tara Leigh Development Property Owner (if different from applicant): Name Name 185 Hickory Hill Rd. Mailing Address North Andover City/Town MA 01845 Mailing Address State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination of Applicability Title Plan entitled "Existing Conditions Plan for Hawk Ridge Phase II" Sheetsl-6 Title 2/23/01 Date 3/5/01 Date Title Date 2. Date Request Filed: 2/23/01 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Confirmation of Wetland Resource Areas (Wetland Flags 1-108 thru 1-154). No work proposed at this time. Project Location: Bradford St North Andover Street Address. +,',' `,- Map 62 City/Town Parcel 138 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc • rev. 3/22/01 Page 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. Wetland Flags (1-108) through (1-154) ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. O 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ® 5. The area and/or work described on referenced plan(s). and document(s) is subject to review and approval by: Town of North Andover Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: North Andover Wetlands Protection Bylaws C.178 of the code of North Name Andover wpaform2.doc • rev. 3/22/01 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided Tots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • rev. 3/22/01 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Date byfmail,���J on •3(i /o Date I 6 This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed b ajority of the Conservation Commission. A copy must be sent to the appropriate DEP Regio Ice (see Appendix A) and the property owner (if different from the applicant). Signatures: wpaform2.doc • rev. 3/20/01 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • rev. 3/22/01 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A — DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region 436 Dwight Street Suite 402 Springfield, MA 01103 Phone: 413-784-1100 Fax: 413-784-1149 Adams Agawam Alford Amherst Ashfield Becket Belchertown Bernardston Blandford Brimfield Buckland Charlemont Cheshire Chester Chesterfield Chicopee Clarksburg Colrain Hampden Conway Hancock Cummington Hatfield Dalton Hawley Deerfield Heath Easthampton Hinsdale East Longmeadow Holland Egremont Holyoke Erving Huntington Florida Lanesborough Gill Lee Goshen Lenox Granby Leverett Granville Leyden Great Barrington Longmeadow Greenfield Ludlow Hadley Middlefield Monroe Pittsfield Montague Plainfield Monterey Richmond Montgomery Rowe Monson Russell Mount Washington Sandisfield New Ashford Savoy New Marlborough Sheffield New Salem Shelburne North Adams Shutesbury Northampton Southampton Northfield South Hadley Orange Southwick Otis Springfield Palmer Stockbridge Pelham Sunderland Peru Tolland Tyringham Wales Ware Warwick Washington Wendell Westfield Westhampton West Springfield West Stockbridge Whately Wilbraham Williamsburg Williamstown Windsor Worthington DEP Central Region 627 Main Street Worcester, MA 01605 Phone: 508-792-7650 Fax: 508-792-7621 TDD: 508-767-2788 Acton Ashburnham Ashby Athol Auburn Ayer Barre Bellingham Berlin Blackstone Bolton Boxborough Boylston Brookfield Charlton Hopkinton Clinton Hubbardston Douglas Hudson Dudley Holliston Dunstable Lancater East Brookfield Leicester Fitchburg Leominster Gardner Littleton Grafton Lunenburg Groton Marlborough Harvard Maynard Hardwick Medway Holden Mendon Hopedale Milford Millbury Millville New Braintree Northborough Northbridge North Brookfield Oakham Oxford Paxton Pepperell Petersham Philiipston Princeton Royalston Rutland Shirley Shrewsbury Southborough Southbridge Spencer Sterling Stow Sturbridge Sutton Templeton Townsend Tyngsborough Upton Uxbridge Warren Webster Westborough West Boylston West Brookfield Westford Westminster Winchendon Worcester DEP Southeast Region 20 Riverside Drive Lakeville, MA 02347 Phone: 508-946-2700 Fax: 508-947-6557 TDD: 508-946-2795 Abington Acushnet Attleboro Avon Barnstable Berkley Bourne Brewster Bridgewater Brockton Carver Chatham Chilmark Dartmouth Freetown Dennis Gay Head Dighton Gosnold Duxbury Halifax Eastham Hanover East Bridgewater Hanson Easton Harwich Edgartown Kingston Fairhaven Lakeville Fall River Mansfield Falmouth Marion Foxborough Marshfield Franklin Mashpee Mattapoisett Provincetown Middleborough Raynham Nantucket Rehoboth NewBedford Rochester North Attleborough Rockland Norton Sandwich Norwell Scituate Oak Bluffs Seekonk Orleans Sharon Pembroke Somerset Plainville Stoughton Plymouth Swansea Plympton Taunton Tisbury Truro Wareham Wellfleet West Bridgewater Westport West Tisbury Whitman Wrentham Yarmouth DEP Northeast Region 205 Lowell Street Wilmington, MA 01887 Phone: 978-661-7600 Fax: 978-661-7615 TDD: 978-661-7679 Amesbury Andover Arlington Ashland Bedford Belmont Beverly Billerica Boston Boxford Braintree Brookline Burlington Cambridge Canton Carlisle Chelmsford Chelsea Cohasset Concord Danvers Dedham Dover Dracut Essex Everett Framingham Georgetown Gloucester Groveland Hamilton Haverhill Hingham Holbrook Hull Ipswich Lawrence Lexington Lincoln Lowell Lynn Lynnfield Malden Manchester -By -The -Sea Marblehead Medfield Medford Melrose Merrimac Methuen Middleton Millis Milton Nahant Natick Needham Newbury Newburyport Newton Norfolk North Andover North Reading Norwood Peabody Quincy Randolph Reading Revere Rockport Rowley Salem Salisbury Saugus Sherbom Somerville Stoneham Sudbury Swampscott Tewksbury Topsfield Wakefield Walpole Waltham Watertown Wayland Wellesley Wenham West Newbury Weston Westwood Weymouth Wilmington Winchester Winthrop Woburn Wpaform2.doc • Appendix A • rev. 11/22/00 Page lof 1 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for $50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc • Appendix E • rev. 2/00 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc • Appendix E • rev. 2/00 Page 2 of 2 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 Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 NOTICE OF DECISION Telephone (978) 688-9535 Fax (978) 688-9542 Date: November 17, 2000 Date of Hearing: October 3, 2000(;) October 17, 2000 and November 14, 2000 Petition of: Tara Leigh Development, LLC 185 Hickory Hill Road, North Andover, MA 01845 Premises affected: Renshaw Property -Bradford Street Referring to the above petition for a Special Permit for a Planned Residential Development, known as Hawk Ridge. The application was noticed and reviewed in accordance with the procedures for approval described in Sections 8.5,10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. So as to allow: The development of seven lots. After a public hearing given on the above date, the Planning Board voted to APPROVE the special permit for a Planned Residential Development, based upon the following conditions: Signed CC: Applicant Engineer �x�raaaa (�z Alison Lescarbeauz Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Naedella Richard Rowen William Cunningham BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 Hawk Ridge Special Permit Planned Residential Development Conditional Approval The Planning Board, by unanimous vote, hereby grants the Special Permit for a Planned Residential Development, known as Hawk Ridge, of 7 lots as requested by Tara Leigh Development, LLC, 185 Hickory Hill Road, North Andover, MA 01845, on October 3, 2000. Tara Leigh Development, LLC, 185 Hickory Hill Road, North Andover, MA, submitted a complete application on September 1, 2000. The application was noticed and reviewed in accordance with the procedures for approval described in Sections 8.5, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. The area affected is located off Bradford Street in the R-1 Zoning District and is identified as Assessor's Map 62, Parcel 5. The Planning Board makes the following findings as required by the Town of North Andover Zoning Bylaw, Sections 10.3 and 10.31. A. The specific site is an appropriate location for a Planned Residential Development as it is located on a hill and the PRD plan minimizes the amount of disturbance on the hillside. B. The use as developed will not adversely affect the neighborhood as this site is located in a Residential —1 Zone. C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes findings under Section 8.5 of the Zoning Bylaw that this PRD is in harmony with the general purpose and intent of the Bylaw, including Sections 8.5 and 10.3, and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of the citizens of the Town of North Andover. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this, and facilitates the economical and efficient provision of utilities; B. Protect waterbodies and supplies, wetlands, floodplains, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; C. Encourage the preservation of open space. The applicant has provided greater than 35% of the property as Open Space; D. Permit greater flexibility and more attractive and efficient design of residential development; E. Meet the Town's housing needs by promoting a diversity of housing types. The Planning Board also finds that a base density of 7 house lots is appropriate for the PRD. Finally, the Planning Board finds that the Planned Residential Development complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas of non- compliance and with the plans and conditions of approval. 2. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off -site sewer and other off -site construction. Off -site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan. 3. Prior to endorsement of the plans by the Planning Board and recording with the Registry of Deeds the applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover. The Guarantee shall be in the form of a check made payable to the Town of North Andover 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 Performance Security as described in Condition 5(c) of the Definitive Subdivision Conditional Approval. This Performance Guarantee 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 and as directed by the vote of the North Andover Planning Board. b. Deeds conveying individual lots must contain a restriction reflecting the 50 foot not -cut requirement shown on the PRD 3 plans. A sample deed must be reviewed by the Planning Stall` prior to endorsement of the plans. 4. Prior to receipt of a Certificate of Completion required to be obtained for the project described in the Definitive Subdivision Decision, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31 running to or enforceable by the Town shall be recorded with respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation, subject to certain easements and restrictions to be described therein.. Documents to this effect must be shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval and the property must be conveyed prior to acceptance of the road by the Town. 5. Prior to acceptance of the roadway by the Town, the designated open space parcel shall be donated to the Town through its Conservation Commission. 6. Prior to Construction, Yellow Hazard tape must be placed along the no - cut line on as shown on the approved plans and must be confirmed by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 7. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 8. The applicant must comply with the Growth Management Bylaw, Section 8.7 of the Town of North Andover Zoning Bylaw. 9. The Planning Board Approves the following house designs as depicted in the following plans: Plan Titled: Architect: Dated: Applicant: Sheets: Hawk Ridge Tara Leigh Development, LLC Rob Bramhall Architects 38 Main Street Andover, MA 01810 October 2, 2000 Tara Leigh Development, LLC 1-3 4 10. Upon application of a 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 when applying for a building permit. 11. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated November , 2000, the Buyer of Lot _ within the Hawk Ridge Subdivision acknowledges that the Open Space Parcel shown on said plans, which has been or will be conveyed to the Town of North Andover, through its Conservation Commission, for conservation and passive recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcel in any particular state or condition, notwithstanding the Town's acceptance of such Open Space parcel". 12. Prior to verification of a Certificate of Occupancy. 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 abovereferenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 13. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no -cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 14. This special permit approval shall be deemed to have lapsed after (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 15. The provisions of the Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 5 16. The developer shall implement and follow all requirements set forth in this decision (conditions 1-13 above) and the plans and reports, referenced below in conditions 14a-d. Failure to comply with all requirements therein and the conditions of this approval, shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. a) Plan titled: Dated: Applicant: Civil Engineer: b) Plan titled: Dated: Applicant: Sheets: Scale: Landscape Ar c) Plan Titled: Architect: Dated: Applicant: Sheets: Hawk Ridge Subdivision Bradford Street North Andover, Massachusetts 01845 October 18, 2000, revised October 24, 2000 Tara Leigh Development, LLC MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1— 26 Scale: 1"=40' Hawk Ridge PRD Special Permit Streetscape and Buffer Plan, Lighting Facilities Plan, Landscape Details, Proposed Wildlife Pond, Conservation Commission Details North Andover, Massachusetts 01845 October 25, 2000 Tara Leigh Development, LLC 1-5 1"=50' chitect: Huntress Associates, Inc. Landscape Architecture & Land Planning 17 Tewksbury Street Andover, MA 01810 Hawk Ridge Tara Leigh Development, LLC Rob Bramhall Architects 38 Main Street Andover, MA 01810 October 2, 2000 Tara Leigh Development, LLC 1-3 Report titled: Stormwater Management Report for Hawk Ridge Subdivision, Bradford Street 6 Prepared by: Dated: North Andover, MA 01845, MHF #103100 MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 August 31, 2000, Revised October 20, 2000 17. The Town Planner shall approve any insubstantial changes made to the plans and reports described in Sections 7 and 14. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. 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 Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 NOTICE OF DECISION Telephone (978) 688-9535 Fax (978) 688-9542 a z o cD • =grnrn c-a AIL ▪ pZvarn orncarn T7 <=z Date: November 17, 2000 Date of Hearing: October 3, 2000, o October 17, 2000 and November 14, 2000 --- Petition of: Tara Leigh Development, LLC 185 Hickory Hill Road, North Andover, MA 01845 Premises affected: Renshaw Property -Bradford Street Referring to the above petition for a Definitive Subdivision. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land (Revised February 1989) and M.G.L. c. 41 (the "Subdivision Control Law). So as to allow: for a seven (7) lot subdivision, made up of seven single family homes known as Hawk Ridge Subdivision. After a public hearing given on the above date, the Planning Board voted to APPROVE the Definitive Subdivision, based upon the following conditions: CC: Applicant Engineer Signed Alison Lescarbeau, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Narddlla Richard Rowen William Cunningham BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 Hawk Ridge Definitive Subdivision The Planning Board, by unanimous vote, herein APPROVES the Definitive Subdivision for a seven (7) lot subdivision, made up of seven new single family homes known as Hawk Ridge Subdivision. Tara Leigh Development Corporation, LLC, 185 Hickory Hill Road, North Andover, MA 01845 submitted this application on September 1, 2000. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land (Revised February, 1989) and M.G.L. c. 41 (the "Subdivision Control Law). The area affected is located off Bradford Street in the R-1 Zoning District, and is shown on Assessors Map 62, Lot 5. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated October 18, 2000, revised October 24, 2000 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations, except for those waived by the Planning Board as indicated in Condition # 18. 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. E. The North Andover Conservation Commission has issued an Order of Conditions for this parcel of land, which was issued on November 2, 2000. Finally, the Planning Board finds that the Definitive Subdivision complies with all Town Bylaw and Board of Health standards and 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) hours' 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 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 Town of North Andover that will be placed into an interest bearing escrow account. 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 required in Condition 6(d). b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All subdivision application fees must be paid in full and verified by the Town Planner. d) 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 requested by the Planning Board, which include those changes outlined in VHB's memorandum dated November 8, 2000 and Coler & Colantonio's memorandum dated November 7, 2000, must be submitted to the Town Planner, VHB and Coler & Colantonio for review prior to endorsement by the Planning Board, within ninety (90) days of filing the decision with the Town Clerk. e) A full set of final plans depicting pedestrian access being provided to the open space area must be submitted to the Town Planner for review prior to endorsement by the Planning Board, within ninety (90) days of filing the decision with the Town Clerk fl g) The Subdivision Decision for this project must appear on the mylars. A Development Schedule must be submitted for signature by the Planning Board, which conforms to Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. h) 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 site: a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the limit of clearing and grading have been cut in accordance with the approved plans. b) 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) Throughout and During Construction: a. Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. b. Street sweeping must be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. c. Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 a.m. — 5 p.m. on Saturdays. 5) 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) The applicant must submit a lot release FORM J to the Planning Board for signature. c) A Performance Security in an amount to be determined by the Planning Board, 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 acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: i) as -built drawings; ii) 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 6) Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 6(c) above. b) 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 all water and sewer lines, iv) location of wetlands and any site improvements required under a NACC order of condition, v) any grading called for on the lot, vi) all required zoning setbacks, viii)Location of any drainage, utility and other easements. c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers, visible from the roadways must be posted on all lots. e) 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. f) 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 and the Department of Public Works an interim as -built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. 7) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health and Conservation Commission. b) Permanent house numbers must be posted on dwellings and be visible from the road. A c) 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. d) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a minimum 8) 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 and also in the electronic format requested by and compatible with DPW's computer system. 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. 9) The Applicant shall ensure that all Planning, 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. 10) 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. 11) 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 app► oval of the Fire Department and Conservation Commission. 12) There shall be no burying or dumping of construction material on site. 13) The location of any stump dumps on site must be pre -approved by the Planning Board. 14) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 16) 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. 17) The utilities must be installed and the streets or ways constructed to binder coat two years from this approval. If the utilities are not wed, 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. 18) 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 since it has been determined such action is in the public interest and is not inconsistent with the State Subdivision Control Law. Additionally these waivers for the proposed street are being granted so as to minimize the grading and earthwork required to complete the construction of the proposed street as the project is located within the Watershed Protection District: a) Section 7A1(h) Centerline Radii: The proposed street is allowed to have a centerline radii of 75 feet at the intersection of the proposed street and Bradford Street vs. the required 150 feet. b) Section 7A1(j) Street Line Radii: The proposed street is allowed to intersect with Bradford Street at 30 feet, vs. the required 40 feet by this section of the regulations. c) Section 7A2(a) Right -of -Way: The proposed street is allowed to contain a 40 feet right-of-way, vs. the required 50 feet right-of-way required by this section of the regulations. d) Section 7A2(d) Cul-de-sac Turnarounds with Islands: The proposed street is allowed to have a minimum right-of-way diameter of 158 feet vs. the required 200 feet; and is also allowed to have a 48' radius vs. the required 60' radius. e) Section 7A3(a) Grade: The proposed street is allowed to have a 10% grade for some portions of the proposed street vs. the 6% required by this section of the regulations. f) Section 7A3(b) Grade: The proposed street is allowed to intersect with Bradford Street at a grade of 3.1% vs. the required grade of 2%. g) Section 7A3(d) Curbing: The proposed street is allowed to contain bituminous cape cod berm vs. the required granite curbing for sections of the street exceeding a 6% road grade. h) Section 7A4(a) Dead End Street: The proposed street is allowed to be 1100 feet vs. the required 800 feet by this section of the regulations. i) Section 7B(7): Granite Curbing: The proposed street is allowed to contain bituminous cape cod berm vs. the required sloped granite curb for the sections of the street in excess of 5% road grades. 19) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plan titled: Hawk Ridge Subdivision Bradford Street North Andover, Massachusetts 01845 Dated: October 18, 2000, revised October 24, 2000 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1- 26 Scale: 1"=40' b) Plan titled: Hawk Ridge PRD Special Permit Streetscape and Buffer Plan, Lighting Facilities Plan, Landscape Details, Proposed Wildlife Pond, Conservation Commission Details North Andover, Massachusetts 01845 October 25, 2000 Tara Leigh Development, LLC 1-5 1"=50' c) Dated: Applicant: Sheets: Scale: Landscape Architect: Huntress Associates, Inc, Landscape Architecture & Land Planning 17 Tewksbury Street Andover, MA 01810 Report titled: Prepared by: Dated: Stormwater Management Report for Hawk Ridge Subdivision, Bradford Street North Andover, MA 01845, MHF #103100 MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 August 31, 2000, Revised October 20, 2000 20. The Town Planner shall approve any insubstantial change to the above -referenced plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for its determination of whether such changes would merit a public hearing or meeting, and/or formal modification of this decision. Heidi Griffin Planning Director NOTICE OF DECISION 11/17/00 Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 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 Date: November 17, 2000 Date of Hearing: October 3, 2000, October 17, 2000 and November 14, 2000 Petition of: Tara Leigh Development, LLC 185 Hickory Hill Road, North Andover, MA 01845 a--4rn rn .c yZa r-p‹ u <_� rn X Premises affected: Renshaw Property -Bradford Street 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: certain work related to the development of a seven lot residential subdivision within the Non -Discharge and Non -Disturbance Zone of the Watershed Protection District. 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: Applicant Engineer Signed OW. M , Alison i.escarhean, Chairman 1 John Simons, Vire Chairman Alberto Angles, Clerk Richard Nardella Richard Rowen William Cunningham BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 11/17/00 Lots 1-7 Hawk Ridge Road Special Permit - Watershed Protection District The Planning Board, by unanimous vote, 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 September 1, 2000. 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 a seven lot residential subdivision 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 stormwater management including surface and subsurface discharge, drainage pond outlet, and associated grading. No homes, impervious areas or driveways of any kind have been proposed within this zone. Work within the Non -Discharge Zone will include the roadway (Hawk Ridge Road), driveways, homes, utilities, associated fieldstone walls and site grading. Additional work in the Non - Discharge Zone includes stormwater management as surface and subsurface discharge, drainage pond outlet 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: 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. 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: 1 11/17/00 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: Hawk Ridge Subdivision Bradford Street North Andover, Massachusetts 01845 Assessors Map 62, Lot 5, Assessors Map 61, Parcel 9, Assessors Map 61, Parcel 81, Assessors Map 61, Parcel 82 Dated: October 18, 2000, revised October 24, 2000 Applicant: Tara Leigh Development, LLC Civil Engineer: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1— 26 Scale: b) Plan titled: Hawk Ridge PRD Special Permit Streetscape and Buffer Plan, Lighting Facilities Plan, Landscape Details, Proposed Wildlife Pond, Conservation Commission Details North Andover, Massachusetts 01845 Dated: October 25, 2000 Applicant: Tara Leigh Development, LLC Sheets: 1-5 Scale: Landscape Architect: Huntress Associates, Inc. Landscape Architecture & Land Planning 17 Tewksbury Street Andover, MA 01810 2 11/17/00 c) Report titled: Stormwater Management Report for Hawk Ridge Subdivision, Bradford Street North Andover, MA 01845, MHF #103100 Prepared by: MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated: August 31, 2000, Revised October 20, 2000 d) 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 any work on site: a) A performance guarantee of ten thousand dollars ($10,000) 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. 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. 3) 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. 3 11/17/00 4) 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 sprinlder 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. 5) Prior to verification of a Certificate of Occupancy: a) The residential fire sprinlder 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. 6) After conveyance of each Residential Lot: a) 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 the approved plan. e a finding that the site is in conformance with 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. 4 11/17/00 12) 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. cc: Applicant File 5 Heidi Griffin. Planning Director March 26, 2000 Mr. Thomas D. Zahoruiko 185 Hickory Hill Road North Andover, MA 01845 Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 RE: Form A Application Map 62, Lot 138 — Proposed Lots 1-5 Telephone (978) 688-9535 Fax (978) 688-9542 Plan Titled "Definitive Subdivision Plan" dated March 8, 2001, Prepared by MHF Design Consultants, Prepared for Tara Leigh Development, LLC; and A Revised Plan Titled "Plan of Land" dated March 8, 2001, revised March 21, 2001, Prepared by MHF Design Consultants, Prepared for Tara Leigh Development, LLC. Dear Mr. Zahoruiko: At their regularly scheduled meeting of March 13, 2000, the North Andover Planning Board voted to DENY the above mentioned Form A Application (upon recommendation from Town Counsel) and Plan based on the following: Section 1.2, Purpose of the Town of North Andover Subdivision Rules and Regulations, dated November 2000, states "The Board shall exercise its authority with due regard for provision of adequate access to all of the lots in the subdivision....for insuring compliance with applicable provisions of the North Andover Zoning Bylaw...". Lots 1 and 2 of the plan referenced above do not conform with the Town of North Andover Zoning Bylaw. These lots do not contain the minimum frontage required in the Residential-1 Zoning District, which is 175 feet. In order to conform with the Town of North Andover Zoning Bylaw, both lots require a frontage exception special permit in accordance with Section 7.2.2 from the North Andover Planning Board in order to comply with zoning. As such, the plan requires approval under the Subdivision Control Law. G.L. Chapter 41, Section 81M provides that the powers of the Planning Board shall be exercised with due regard for insuring compliance with the applicable zoning bylaw. Since the configuration of your plan would create a violation of zoning, such a violation provides a basis for disapproval of the plan separate from any noncompliance with the Board's Rules and Regulations See, Beale v. Planning Board of Rockland, 423 Mass. 690, 695 (1996); Doliner v. Planning Board of Millis, 343 Mass. 1, 6 (1961). Also, pursuant to G.L. Chapter 41, Section 81L and the decision in Sequin v. Planning Boad of Upton, 33 Mass. App. Ct. 374 (1992), the Planning Board may deny approval of your ANR Plan due to inadequate frontage. Sii}cerely, Heidi Griffin Town Planner cc: North Andover Planning Board Joyce Bradshaw, Town Clerk William Scott, Community Development Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Received by Towr1 Clerk: FORM A RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER APPLICATION FOIE ENDORSEMENT OF PLAN 200I MAY 22 A ( 2q BELIEVED NOT TO REQUIRE APPROVAL a' , 2001 To the Planning Board of the Town of North Andover: The undersigned wishes.ta.tecord_the_accompanying.plan_ and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of landshown.. on. the.accompanying:plan is notasubdivision because every lot shown thereon has thp-amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, ,r`ctd-ceperk S-k2t* , or rp namely, �J being land bounded as follows: west&vePNcYC Sf Spa47 bj ) 6re/a Mach n, Ta.rnes /-1ar-triJ f ctirisfvphes- , i"usi- Pirvrt Ph I*e114- J }4-t..vey .S-kfhen Wf}s}tir Nor 1 by c%m ,2ru i-1y 712.4-7 2. The division pf land shown on the accompanying plan is not a subdivision for the following reasons:n golf - ( �n o,nta e. , a eaV 'n , cQH per re�Urree43 t 4-Ie.. Tt f1 a't k1 M" tO fnr.e#v Zri ,ntxvv 3. Lot frontage and acreage nfeReh lot.depicted.on arrompanyin ..plan. LOT / • 50; i q' Aereap- : 9.00 (.crt 2 Cpvnf 500,101 11Cre"-e g,ggq Lug 3 = /�s' rtccnc��,c /7, 36% rf 4 Fri+ S�a1 9� creme to [�r} 5 �nmt:L63 4. Description of proposal (5) Ai► R Loris WA\ (3) Su+"eaJ (2) Ll rn-\-t {-uf, a It Fypnd-wnl a�n Q -tvrct S rte+ , 5. Title reference North Essex Deed, Book qS6 3 ; Page O427 ; o Fti€eate-e€ 1 � S•t.Qb. Qtvok ,Y/G'x Applicants' Signature: (print name) Applicant's Address: i4S +tic-Ko F- II /0 Ando r MA- 01 g Tel. No. cm - - x,ss PP1e Owner's signature . d address if • the applicant: MR 01SVS Growth Manag9ment ByLaw Development Schedule Town of North Andover Planning Board This form represents the schedule for allowing the following lots to be considered as eligible for building permits under the Town of North Andover Management by-law Section 8.7 of the Zoning by-law. Pursant to 8.7 this Development Schedule.mustbe:filed :in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building permit or permit for construction. Name and Address of Applicant for Lots: Name of Development: —ram Lei h le,vekivyc + , t-Le iQs htictorj i'h1) dry- N, Andover', ma of FstIS- +taxes Ri e Ora It Map and Parcel of Original: mAP b a , 0- Date of Application for Lot(s) Division: Lots Covered by this Schedule LoT 3 , y , 5 The Planning Board by their signature below, or a signature of a duly authorized representative, do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the Growth panagement By -Law. The applicant, their assignees, successors and or subsequent property owners shall conform to the following; schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each lot shall at minimum reference.the book and page in which this Development Schedule is filed and contain the language; "This 10 is subject to a Development Schedule pursuant to the Town of North Andover Zoning By -Law all owners,,..repre'entatives,..aad Tuture.;purrhasi..rs should avail themselves of said restriction by reviewing the approved Development Schedule as filed in Book insert here and Page insert here. The fact that a lot is eligible_for a buildingpermit is subject to the limitation of the number of building permits per year pursuant to section 8.7.2d. of the Zoning By -Law." The Planning Board hereby schedule the lot(s) for the above development as follows: Year EIigible Number of Lots Building Office Use Building Office Use Elibgible Date Lot Eligibility Notes Completely Utilized. a.00l 3 Signature of Planning Board member or Authorized Representative Signature of Property Owner or AuthorizeyC,Ylepresentative Date S Date 2.1- 01 Notice to APPLICANT/TOWN.CLERK.ofaction_ofPlanning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning•Board.has.determined•that said plan shows a subdivision , as defined by G.L. c. 41, s. 81-L-and must therefore be re -submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Received by Town} Clerk: FORM A APPLICATION FO13. ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL RECEIVED JDYCE BRADSHAW NORTrN CLERK H ANDOVER 1001 MAy 22 A VI 29 r116as ��o I To the Planning Board ofthe Town ofNorth Andover: The undersigned wishes -to record the accompanying plan and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land :shown ..on. the.accompany_ing.plan is not. a subdivision because every lot shown thereon has thf-amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, %�rack-%4 being land bounded as follows: 1,0est 43,1 Broad Sit., SD Rid-o-ak &o w') km -on ► ya. ,' Tames flartrio t clarisfvph ;��- P-1 r i:a, , ,y ehw No , by Om 711A4 2. The division pf land shown on the accompanying plan is not a subdivision for the following reasons: 411 10-Ii ifs ta,c� a;rea Cs31 prr r-errcmc.,-{s o 4ii Tj ),1 oO o Zii13to 3. Lot frontage and acreage nf.earb ]at.depicted.on accompanyin .plan. LOT / : go, I q / Aerep- 9,00 to+a- f - so,gO' Acri4�.e 8,ci89 LD+3 Frprit 175dereuirc, : 17. 368 n 4 of �a screw Io,g20 Lrrl 5 Pru�n+ = NUOM 1614—fr4 2.63 �ey 4. Description of proposal (5) 4Ai R L+r+�S w>AA C) STai'4a(� � 6earro 4- (2) LI m:,-t-4 , alt fylw-1 {•1n1 pan j3ft _ S f ,e+ . 5. Title reference North Essex Deed, Book _ cis-6 3 ; Page Olo7 ; or-C 6,4 S•E.Q.b. f aok a763 Pale gal, Applicants' Signature: (print name) Applicant's Address: 1115 411.Zofty I-h11 KA. Iv Anclo di- m 4 O l g 4S Tel. No. ci`1( - ‘g17 - 2105 Owner's signature . d address if . the applicant: ;v� 61R of vs- Growth Management ByLaw Development Schedule Town of North Andover Planning Board This form represents the schedule for allowing the following lots to be considered as eligible for building permits under the Town of North Andover Management by-Iaw Section 8.7 of the Zoning by-law. Pursant to 8.7 this Development Schi-dnle.must be.filed.:in the..Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building permit or permit for constrution. Name and Address of Applicant for Lots: Name of Development: -ram l-ei. h beveio vic vt , LLe ,,s i t i tieoN rfi 0 &I - t). gr40Ju , MA- nt 8Ur fika * Ripe P1icesr 7L Map and Parcel of Original: rnitIP 6a 1 L0 - a. Date of Application for Lots) Divisisn: Lots Covered by this Schedule LOT 3 , W , S The Planning Board by their signature below, or a signature of a duly authorized representative, do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the Growth r?ranagernent By -Law. The applicant, their assignees, successors and or subsequent property owners snail conform to the following schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each lot shall at minimum reference the book and page in which this Development Schedule is filed and contain the language; "This 10 is subject to a Development Schedule pursuant to the Town of North Andover Zoning By -Law all owner ,.r- re ntative , and future purchasers -should avail themselves of said restriction by reviewing the approved Development Schedule as filed in Book insert here and Page insert here. The fact that a lot is eligiblefor a building permit is subject to the limitation of the number of building permits per year pursuant to section 8.7.2d of the Zoning By -Law." The Planning Board hereby schedule the lot(s) for the above development as follows: Year Eligible Number of Lots Building Office Use Building Office Use Elibt*ible Date Lot Eligibility Notes Completely utilized aooI 3 Signature of Planning Board member or Aurr • Representative Date Signature of Property Owner or Authorize r epresentative vl RECEIVED 100iJJYCE BRADSHA'W NQR UNH -NB p VER Notice to APPLICANT/TOWN CLERK.ofaction_ofPlann.ing Board on accompanying plan: ' i- E ( oThe North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. Very truly yours, Boar North �jjndover $lane pg Date: ' " tipf Received by Towr} Clerk: FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL ,.RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 2001 MAR 13 A 9= 31 3l►2 ,Z©61 To the Planning Board oldie Town ofNorth Andover: The undersigned wishes. :tarecord the accompanying_ plan_ and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land .slwvun..on the accoying.plan -snatasubdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, $rozo J. 9 tree or a privato way, nnmoly, , being land bounded as follows: &ST By GAfvDcoRy ST.1 sourH s7 R‘ctiARDatcwo, kARE&)mPart 1, Ic,m,Qsl-66,cif, Ch,--4-icpier laetC,to,gAsr'gr NA)CYI RRt.,1usdPita LJh th sc,SrePilgn) wa y o NaRY ii 6Y ofLA REMC11 7 RLST 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: 11 Sots con Ian ce��a�eacea, r c-e0a_mm of e TOWre 406 Nkatot R��av r Z- s\ i 1 i . 3. Lot frontage and acreap aieachlot..depicted.an accrnnpanying.plan. tat i VItouT..S4,19 &at:Aw: 9.006 i t 2 V 1,4 : Sb. 4-60 AcRQA66 h''.ejri j tor 3 F & r: l 1S ' *c R4 : 7 301 L s7 Y v(.4Lal$T : SOat /16P. f\ : /0410 ,tor s vqor.►t- : 490AV AGaB-Asert 13.263 4. Description of proposal (a) A N R LOTS y w (tt' 0.) Sl' laDhit G &D M 61'4- 4. (2) Loti raD Ffo►.rr>PGE A-1 L FElioirbi.6 o►.! /RR><1DFcRD stARM'. 5. Title reference North Essex Deed, Book 9 SG 3 ; Page DE ?. ;.or-Gertiffeate-e€ Titic No. , Rcgi3tration Beek ; Pagc amt. 5,`.R.�. 300K Z763 PAGE 221. Applicants' Signature: rmt name) Applicant's Address: /FS" etc 11 1, &,A .7,M4W e. Tel. No. Gt .78` 6 F ?-Z6 S"' Owner's signature and address t the applicant: tv .,¢mat se r v o4-29S-' Growth Manag anent ByLaw Develop/nent Schedule Town of North Andover Planning Board This form represents the schedule for allowing the following lots to be considered as eligible for building permits under the Town of North Andover Management by-law Section 8.7 of the Zoning by-law. Pursant to 8.7 this Development Schedule the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building permit or permit for construFtion. Name and Address of Applicant fbr'Lots: Name of Develo ent: TAR.R LEkkre �6U‘LOPh& JT) LLG \ es- li 1c Kc,R:6 tt 1LL Rof )oRr+4 RN�av,SR, MA O) iCtS Ha,,,o\siKA. PK.se Map and Parcel of Original; s A P (02 , Lot : 2 Date of Application for Let(si Division: 362 tot Lots Covered by this Sc edule LoT S , q, 5 The Planning Boardbytheir signature below, or a signature of a duly authorized representative, do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the Growth management By -Law, The applicant, their assignees, successors and or subsequent property owners shall conform to the following schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each lot shall at minimum reference the book and page in which this Develofmaent Schedule is filed and contain the language; "This 10 is subject to a Development Schedule pursuant to the Town of North Andover Zoning By -Law all own future,rs.should avail themselves of said restriction by reviewing the approved Development Schedule as filed in Book insert here and Page insert here. The fact that a lot is eligiblefor a building permit is subject to the limitation of the number of building permits per year pursuant to section 8.7.2d of the Zoning By -Law," The Planning Board hereby schedule the lot(s) for the above development as folio Year Eligible Number of Lots i chipQffio V_ g BuildingOffice Use Elibgible Date Lot Eligibility Notes Completely Utilized 2ooi 3 Signature of Planning Board member or Authorized Representative Signature of Pro or Authorized Re native Date to Notice to APPLICANT/TOWN.CLERK.ofaction._ofP_lanning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning,Board has detennined4hat said plan shows a subdivision , as defined by G.L. c. 41, s. 81-Land must therefore be re -submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: