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HomeMy WebLinkAboutJANUSZ, ROBERT (2) COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT #94-1989 ...................... .............................................................................................................. VS. RICHARD A. NARDELLA, ET ALS ............................................................................................................................................................... CERTIFICATE OF JUDGMENT In the above action, by complaint dated.................. SFptember 6, . 1994 ........ ........... the following entry has been made upon the docket of said Court, viz: September 27,..1994 -pleadi:Rg - Plff's Notice of Voluntary .................I..... .................. ........................................I.................... Dismissal with Prejudice. ....................I.................................... ...................................................... ......................................... .............. ......... .................. ...... ........... Attest: ................... ........................CLERK OF COURTS Clerk AMBSTI. A Zme Copy Town COMMONWEALTH OF MASSACHUSETTS SSEX, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT C.A. #94-1989C SRW, INC. , ) Plaintiff ) ) V. ) ) RICHARD A. NARDELLA, ) JOSEPH MAHONEY, ) RICHARD ROWEN, ) JOHN BAGHLIAN, and ) ALLISON LESCARBEAU, AS ) MEMBERS OF THE NORTH ANDOVER ) PLANNING BOARD, and ) ROBERT JANUSZ, ) Defendants ) ) PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a) ( 1) (i) of the Massachusetts Rules of Civil Procedure, Plaintiff hereby voluntarily dismisses this action. Rule 41(a) allows a voluntary dismissal of this action as of right because neither- an Answer to the Complaint nor a Motion for Summary Judgment has been served. This dismissal is with rejudice. Dated: September 19, 1994 , Andrew A. COfr�y, Jr. , Esquire CAFFREY & CAFFREY One Elm Square P.O. Box X5099 CAFFREY&CAFFREY - Andover, MA 01810 ATTORNEYS AT LAW (508) 4475-2412 ONE ELM SQUARE BBO #069240 ANDOVER, MASSACHUSETTS 01810 - TELEPHONE (508)475-2412 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL. COURT C.A. #94-1989C ) SRW, INC. , ) Plaintiff ) V. ) RICHARD A. NARDELLA, ) JOSEPH MAHONEY, ) RICHARD ROWEN, ) JOHN BAGHLIAN, and ) ALLISON LESCARBEAU, AS ) MEMBERS OF THE NORTH ANDOVER ) PLANNING BOARD, and ) ROBERT JANUSZ, ) Defendants ) ) PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a) ( 1) (i) of the Massachusetts Rules of Civil Procedure, Plaintiff hereby voluntarily dismisses this action. Rule 41(a) allows a voluntary dismissal of this action as of right because neither- an Answer to the Complaint nor a Motion for Summary Judgment has been served. This dismissal is with Zrejudice. Dated: September 19, 1994 -� Andrew A. Cgofz,ey, Jr. , Esquire CAFFREY & CAFFREY One Elm Square P.O. Box 5099 CAFFREY&CAFFREY Andover, MA 01810 - ATTORNEYS AT LAW (508) 44j7]5-24.12 , ONE ELM SQUARE BBO #069240 ANDOVER, MASSACHUSETTS O 1810 TELEPHONE (508)475-2412 REQ DAHIY.; 1,.v"qti CAFMY& CAFFREY t o: s � +.�.3z x ATTORNEYS AT LAW SEP 16 One Elm Square P.O. Box 5099 Andover, Massachusetts 01810 Andrew A. Caffrey, Jr. (504)475-2412 (W) (504)475-5662(t) Andrew A. Caffrey Of Counsel September 6, 1994 North Andover Town Clerk Town Hall North Andover, MA 01845 RE: Jerard Place - Phase III Dear Madam Clerk: I, Andrew A. Caffrey, Jr.', Attorney for the Plaintiff, SRW, Inc. , hereby provide notice that Plaintfiff has appealed two (2 ) decisions of the North Andover Planning Board filed with the Town Clerk on August 16, 1994 . The first decision appealed is that approving the definitive subdivision of Robert Janusz of Jerard Place - Phase III, and the second decision appealed is that granting a Special :Permit for a Planned Residential Development under Section 8.5 of the North Andover Zoning By-Law for the same Jerard Place - Phase III. A copy of the Complaint is attached hereto, all pursuant to M.G.L. Chapter 40A, Section 17, and. M.G.L. Chapter 41, Section 81BB. Very truly yours, (lREY CAFFREY 1 ew A. C Jr. AAC:nb Enclosures S.la#[.i H a, ' E NALTH OF MASSACHUSETTS i j ESSEX, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT C.A. # ) SRW, INC. , ) Plaintiff ) ) V. } RICHARD A. NARDELLA, ) J JOSEPH MAHONEY, ) RICHARD ROWEN, ) COMPLAINT JOHN DAGHLIAN, and } ALISON LESCARBEAU, AS ) �! MEMBERS OF THE NORTH ANDOVER ) PLANNING BOARD, and ) ROBERT JANUSZ, ) Defendants } r } } 1. The Plaintiff, SRW, Inc. , (hereinafter "SRW, Inc. " ) l is a Delaware Corporation with a principal place of business at 1 Sundial Avenue, Nashua, N.H. 2 . The Defendants, Richard A. Nardella of 63 Hay Meadow Road, North Andover, MA, Joseph Mahoney of 24 Millpond, North { Andover, MA, Richard Rowen of 102 Bear Hill Road, North Andover, MA, John Daghlian of 1440 Salem Street, North Andover, MA and Alison Lescarbeau of 68 Laconia Circle, North Andover, MA, are all members of the North Andover Planning Board (hereinafter referred to as "Board" ) . CAFFREY&CAFFREY ATTORNEYS AT LAW ONE ELM SQUARE ANDOVER, I MASSACHUSETTS 01810 t TELEPHONE (508)475-2412 i 1 I f 3 . The Defendant, Robert Janusz (hereinafter "Janusz" ) r resides at 40 Sunset Rock Road, Andover, Mass. i 4 . 4n May 17, 1994, and on several continued dates the i Board held public hearings upon the application of Janusz for approval of a definitive subdivision of land located between i Candlestick Road and Forest Street, North Andover, Mass. shown on a plan entitled "Jerard Place - Phase III, by Thomas E. Neve Associates, Inc. dated April 22, 1994 and also for a Special Permit under Section 8.5 of the North Andover Zoning By-Law for a planned residential development (hereinafter referred to as "PRD" ) on the same land. I 5 . The Definitive Subdivision Plan proposes an j extension of a prior Janusz subdivision and the parcel depicted is made up in part by land owned by Janusz and in part by land owned by the Estate of Ida Miller, which was allegedly under Purchase & Sale Agreement to Janusz. ` b. SRW owns a parcel of land adjacent to the parcel which is the subject of this action. 7 . At its regular meeting on August 2, 1994 the Planning Board voted to approve its draft decision as amended on the Definitive Subdivision for Jerard Place - Phase III and voted i to approve the Special Permit for a PRD on Jerard Place - Phase III as amended. Both of these decisions were filed with the Town Clerk i on August 15, 1994 and are attached hereto as Exhibits A and B. CAFFREY&CAFFREY ATTORNEYS AT LAW ONE ELM SQUARE ANDOVER, 'I MASSACHUSETTS 0181 O i 2 TELEPHONE :.508)47S-2412 i i 1 I COUNT I i 8. Paragraphs 1 through 8 are reiterated and incorporated herein by reference. I 9 . This is an appeal under M.G.L. Chapter 41, Section 81BB of the action of the North Andover Planning Board on August ` 16, 1994 approving a definitive subdivision pian entitled "Jerard Place - Phase III" . 10. The Definitive Plan filed with the Board contains errors in its depiction of the common boundary between the land of Ithe Plaintiff and Lot 11 on the Definitive Plan and should be redrawn according to Land Court specifications. 11. Within the Notice of Decision for the Special Permit i there is a reference to "Waiver of roadway length is the only subdivision waiver requested. " If such a waiver was allowed, it was without justification and is an abuse of the Board's I i discretion. 12. The decision of the Board exceeds the authority of i the Board under the Massachusetts Subdivision Control Law because I the applicant, Janusz, failed to satisfy the statutory requirements and the granting of the same was arbitrary and capricious. COUNT II I 13. Paragraphs 1 through 12 are reiterated and incorporated herein by reference. 14. This is an appeal under M.G.L. Chapter 40, Section CAFFREY&CAFFREY ( 17A of the action of the North Andover Planning Board on August 16, ATTORNEYS AT LAW ONE ELM SQUARE 1994 approving a Special Permit under Section 8.5 of the North ANDOVER, MASSACHUSETTS 0 18 10 3 TELEPHONE (508)475-2412 y i I i Andover Zoning By-Law for the PRD known as "Jerard Place - Phase IIT. " j 15. The PRD Special Permit filing did not satisfy the i by-law requirements in that certain existing one-acre lots were reconfigured to such an extent that they no longer related to the original subdivision and therefore lost their zoning protection so that the "conventional plan" showing two one-acre lots and six two- acre lots did not meet the requirements in that all eight lots should have conformed to two-acre zoning. 16. While the Board found that the project would, "D. Meet the Town's housing needs by promoting a diversity of housing types, in fact the testimony was that the housing would be I j in keeping with existing homes in the neighborhood, thereby violating one of the specific findings needed by the Planning Board under Section 8.5 of the Zoning By-Law. 17 . The decision of the Board exceeds the authority of the Board because the applicant, Janusz, failed to satisfy the requirements of Section 8.5 of the North Andover Zoning By-Law, insufficient grounds existed for granting a Special Permit, and the granting of the Special Permit was arbitrary and capricious. WHEREFORE, Plaintiff prays as follows: 1 . That this Court schedule a hearing de novo to fdetermine the validity of the Board's actions; 2 . That the decision of the Board in approving the CAFFREY&CAFFREY Definitive Subdivision be annulled:; ATTORNEYS AT LAW ONE ELM SQUARE ANDOVER. MASSACHUSETTS 01810 4 TELEPHONE (508)475-2412 j 3 . That the decision of the Board in granting said Special Permit be annulled; 4 . For such other relief as is just and equitable. Respectfully submitted, ! SRW, Inc. , by its attorney, I I I 1- Andrew A. C y, Jr. , Esquire 1 CAFFREY & CAF Y One Elm Square P.O. Box 5099 Andover, MA 01810 (508) 475-2412 BBO #069240 I I I CAFFREY&CAFFREY ATTORNEYS AT LAW ONE ELM SQUARE ANDOVER. MASSACHUSETTS 01810 5 TELEPHONE (508)4 75-241 2 1 f I COCT APPLICATION 'FX2 APPROVAL OF 2RDT?M FLdPt ` "14 - `z April 21 1PR a9' ! To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81-L, for approval of a proposed subdivision shown on a plan =titled Jerad Place - Phase III by Thomas E. Neve Associates , Inc. dated April 22 , 1994_ being lead bounded as follows: northerly by Candlestick Road and land of Miller & Sirois easterly bX land-of Kareta LaFlamme Perrv, DiNatale, & ons utherly by land of Brikus, Hahsey & Miller, hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title Reference: North Bssex Deeds, Book �_� Page , .; or Certificate of Title No. , Registration Book_, page; or Other: See Land Court-Plan No. 32062C by Christiansen & Sergi . Said plan has( ) has not(X) evolved from a preliminary plan submitted to the Board of _�19 and approved (with modifications) { ) disapproved on 19 ,�....,.• The undersigned hereby applies for the approval of said DEP'TNITIQE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plea by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by,--laws of said Tomo, as, are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the sane. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall be biad3ag upon all heirs, executors, adadidstrator9j, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. ,l Received by Torn Clerk: GG Date: Signat "f A Robert Janusz Time: Signature: 40 Sunset Rock Road, Andover, MA 01810 Address Notice to APPLICAW/TOWNtK and Certification of action of ?lanming 3oard t on 3efini.tive Subdivision ?Ian entitled: Jerad Place - Phase lII 3y: Thomas E. Neve Associates, Inc. dated April 22, 1994 } 19 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land», or otherwise provide security for the con- struction of nays and the installation of municipal services within said sub- division, all as provided by O.L. c. 41, S. 81-J. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building g or other structure shall be built or placed upon Lots NO. as shown on said Plan without the prior consent of said 3oard of Health. 4. Other conditions See Attached zs c cs �/T G, In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said. plan. Date: August 2, L994 By: Richard A Na ddP'�C'hai rman `--�' a Jared Place - Phase III Definitive Subdivision Conditional Approval The Planning Board herein approves a nine (9) lot Definitive Subdivision containing eight (8) new house lots and one lot of dedicated open space known as Jared Place Phase III. The application was submitted by Robert Janusz, 40 Sunset Rock Road, Andover, MA 01810, dated April 21, 1994. The area affected contains approximately 14.73 acres in a Residential- 1 Zone off of Candlestick Road. Of the 14. 72 acres 2. 07 acres are protected as 1 acre lots under a zoning freeze. In granting this approval the Planning Board is not offering any opinion or making any conclusions as to ownership interests in this parcel. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated April 22 , 1994 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations except as noted in Condition 17. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are followed: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The roadway detail must be changed to reflect a pavement width of twenty-four (24) feet. b. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. C. A detailed construction schedule must be submitted as part of the plans. d. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 3 (c) . e. Right of way dedication easements for the proposed roadway shall be prepared at the applicant' s expense androvided p to the Planning Office. f. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board- will sign the document and it must be recorded at the Essex North Registry of Deeds. g. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition l(g) . h. All application fees must be paid in full and verified by the Town Planner, i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material. j . The Special Permit and Subdivision Decision for this project must be included on a sheet as part of the plans. k. Endorsement of the Plans must be completed within ninety (90) days of the date this decision is filed with the Town Clerk. If the Plans are not endorsed by this date this decision will be deemed automatically rescinded. 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. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: a. The plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds b. Three (3) complete copies of the recorded plans and two (2) copies of the following recorded documents must be submitted to the Planning office: Subdivision Approval, Special Permit Approval, FORM I Covenant, FORM M Utility Easement, Roadway Easement. C. A11 erosion control measures must be in place and reviewed by the Town Planner. d. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the Conservation Commission Order of Condition must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. e. All state approvals required for the subdivision shall be filed with the Division of Public Works and the Planning Office prior to commencing work on the subdivision, including a storm water Pollution Prevention. Plan. 3. Prior to any lots being released from the statutory covenants: a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. 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 4 . Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a. 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, location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, vii. all required zoning setbacks, including buffer zones and no-cut lines, viii. location of any drainage, utility and other easements. b. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. C. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. d. The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. The Town Planner shall verify this information. e. Lot numbers, visible from the roadways must be posted on all lots. 5 . Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. b. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission, C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Board in regards to erosion, water run off, and safety. e. All lots must be raked, loamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. f. 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 owners expense if such driveway is at a catch basin or stone bound position. g. The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable, 6 . Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. The Planning Board will, by a majority, vote to release any security retained. b. The open Space Parcel must be transferred to the Town through the Conservation Commission. C. An as-built plan and profile of the site shall be submitted for review and approval. d. The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant article 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. e. The Town Planner 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. 7 . 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. Any lighting used for entrance signs must be removed prior to acceptance of the subdivision by the Town. 8 . The applicant shall adhere to the following requirements of the Division of Public Works: a. Two leaching catch basins should be installed at the low point at the end of the cul-de-sac. b. The area on the property downstream from the catch basins should be graded to accommodate excess runoff from greater volume storm events. C. The drainage design should include the use of dry wells on all lots. d. The proposed hydrant at the cul-de-sac should be installed on the end of the water main and be located near the Lot 14/15 property line. e. A 12 inch water main should be installed off site on Forest Street. The main should extend from its current terminus on Forest Street to the intersection of Jared Place Road, a distance of approximately 390 feet. 9. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 10. There shall be no burying or dumping of construction material on site. 11. The location of any stump dumps on site must be pre-approved by the Planning Board. 12 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13 . Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 14 . 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 Police Chief Fire Chief Assessor Applicant Engineer File JaredIII.sub TOWN OF NORTH ANDOVER HASSA. CHUSETTS - O A Any appeal shall be filed - • within (24) days after the ,C, a•`` date of filing of this Notice in the office of the Town NOTICE OF DECISION Cierk. Date. .Aucus t. 6: 1994 4ay' 7,'j une' 7,W une 21, Date of Hearing June 28, *July 5, �uly'i9'�'Aaqust 2, 19 Petition of Robert. Janusz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . t ... .on he south side .of .Candlestick .Road . ! • , Referring to the above petition for a special permit from the requirements of the north Andover Zoning Bylaw , Section 3.5 . . Planned Residential Development so as to permit . ,the •construction •of .3 . _ single family homes • . . • . . . . , , , After a oublic hearing given on the above date, the Planning Board voted CONDITIONALLY t0 .APPROVE . . . . . . . .the based upon the following conditions SignedIeV Lt�G Richard A. Nardella, Chairman cc: Director of Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Joseph Mahoney, vice Chairman Conservation Administrator • • • . . . . . . • • • • • • • • • . . . . . . . . . • Health Sanitarian Richard Rowen, Clerk Assessors Police Chief John Daghlan :ire Chief • . . . . . . . . . . . . . . . . . . . . . Applicant Alison Lescarbeau, associate Engineer 'pian.... . . Board. . . . . . . . _-, ie -nterested ?arties KAREN H.?, NELSON �irecros1'. Town of 120 Main street. 01845 3tILDING NORTH _-NDOVER 508> 682-6483 CONSERVATION Divisiox nF HEALTH .'LAINNIN'G PLANNING & COMMUNITY DEVELOPMENT August 16, 1994 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit PRD Jerad Place Phase III Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on May 17, 1994, in the Senior Center behind the Town Building, upon the application of Robert Janusz, 40 Sunset Rock Road, Andover, MA. , who was requesting a special permit under Section 8 .5 (Planned Residential Development) of the North Andover Zoning Bylaw. The legal notice was duly advertised in the North Andover Citizen on April 25, 1994 and May 5, 1994 and all parties of interest were properly notified. The following Board members were present Richard Nardella, Chairman, Richard Rowen Clerk, John Daghlian and John Simons. The petitioner was requesting a special permit for the construction of 8 single family homes under the requirements of a Planned Residential. Development. Mr. Rowen read the legal notice to open the public hearing. Mr. Thomas Neve was present representing Mr. Robert Janusz. He gave the Board the following information Phase III of developing Mr. Janusz ' land reviewed property under conventional zoning which is partially R-2 and with the majority in R-1 road exit from Candlestick and extend approximately 900 ft. of roadway all lots but one serviced by subdivision road, all have required acreage, CBA, frontage and have passed Board of Health septic tests Ms. Colwell to check date of endorsement of Jerad II plan. . Page 2 : Jerad III r PRD Plan: minimum of 25, 00 sq. ft. allowed, all lots are greater than 40, 000 sq. ft. 50 ft. buffer zone line shown on plans wetland line shown on plans 50 ft. no construction zone 25 ft. not cut zone no variances required waiver of roadway length is the only sudivi�s�or wa„�pr 35% open space required in a PRD creates greenbelt along Forest Street and keeps open water wetland available as open space nearest house to Forest Street will be 300 ft. away roadway is the same length in both conventional and PRD plan Mr. Nardeila stated that the Board previously reviewed this under a request for a determination of the zoning. The Board requested that Mr. Neve go through the calculation of lots under the conventional subdivision. Three 1 acre lots in Jerad II are !a° ` reconfigured. One 1 acre lot remains in Jerad II on Sugarcane Lane, two 1 acre lots become part of Jerad Place III. The conventional plan has two 1 acre lots and six 2 acre lots. The detention ponds designed to mitigate run-off, retain/detain water - stormwater mitigation and to "clean" water before it is released to protect watersheds. The ponds will hold a 12 hour volume of water. Mr. Daghlian asked how close will the -houses be? The response: 3 ,200 sq. ft. footprints shown Lot 1 & 2 Lot 2 & 3 Lot 3 & 4 80 ft. 100 ft. 60 ft. Mr. Rowen stated that the extension of Sugarcane Lane used leaching pits in the island to avoid detention/retention ponds. He questioned whether this was possible for the Jerad III island. Mr. Neve stated that 250 ft. of road drains to the cul-de-sac without any basins, water will run in a swale along lot lines to wetlands. Page 3 : Jerad III Mr. Nardella - catch basins at and of road draining into cul- de-sac. Issues of sidewalks was discussed. Mr. Neve said possible use of sidewalk money to tie water-line into Forest Street. Mr. Nardella had questions of site distance on Candlestick. Mr. Neve stated that there is a 301 pavement radius at entrance to Candlestick. Mr. Nardella asked that discussions continue to June 7 meeting, to discuss drainage, sidewalks, roadway width, island width. Mr. Peter Besson, Candlestick Road, questioned how many lots/new houses will be created that access Candlestick. Mr. Neve replied: 8 as part of Jerad II 2 on Sugarcane Lane - existing lots 7 as part of Seven Oaks 17 lots Mr. Besson asked if economics taken into consideration and marketability. Mr. Nardella replied "no, marketability is not something that the Board has the power to review. " The developer must show a buildable subdivision. A PRD creates protected open space and creates 50 ft. no build buffer zone. Mr. Neve will calculate additional area of open space protected by 50 ft. buffer zone. Ms. Ann Perry, Sugarcane Lane, asked if any filling on lots. Mr. Neve replied, no filling of wetlands but the site will be graded for the house sites and septic systems. Mr. George Perna, D.P.W. Director, asked that the limit of clearing be shown. Mr. Neve stated that there was a continuous barrier of erosion control shown on the plan. Elizabeth Williams, Candlestick, asked what is the distance between hones in the conventional plan. Mr. Neve replied that homes are a similar distance apart in both conventional and PRD Plan. Page 4: Jerad III Ms. Williamsistated that houses aou d be 1 large for lots. Mr. Neve told her footprints are large to give developer r flexibility. Mr. Janusz intends to put same covenants on Phase II and as Phase III. Mr. Scott Williams, Candlestick Road, concerned about wetland line. Mr. Sam Gagliano, Candlestick Road, stated that the intersections of Forest and Boxford Streets have become dangerous, concerned about site distance. Jerry Peterson, Candlestick Road, also had concerns about traffic. Ms. Amy Lyons asked why wasn't Lot 11 included in the subdivision. Mr. Neve stated that topography of area does not allow for access across wetland to that lot through the subdivision. Carolyn Dudman, Sugarcane Lane, asked if the drainage will effect wetlands. Mr. Neve stated that ponding areas store the water to settle out particulates and regulate flow into the wetlands, detention areas and catch basins cleaned out periodically by D. P.W. Ms. Dudman concerned about salt and sand. Mr. Perna stated that salt and sand was cleaned out in catch basins. Mr. David Sherman, Candlestick Road, asked if Candlestick Road drainage be effected. Mr. Neve stated that no drainage from this road will enter existing roadway. Mr. Tony Campagne, Boxford Street, asked if any road construction involved in existing streets. Mr. Neve stated that none is currently planned however, water main in Forest Street may be effected. Mr. Perna stated that from now on with any off site construction, a developer will have a paid full time person to monitor construction. Mr. John Leeman, Pine Ridge Road, asked if the 50 ft. buffer zone is calculated as part of 35% open space. Mr. Neve stated it is where it is part of the open space. Mr. Leeman asked when were the wetlands flagged? Mr. _Neve replied, "last spring. " Page 5: Jerad III Mr. Leeman asked if any oil or grease traps in catch basins? Mr. Neve replied "yes. " Ms. Williams asked what is the direct benefit to the Town of the open space. Mr. Neve replied, to preserve forested area along Forest Street. Mr. Rowan read a memo to the Board from Richard Doucette, Conservation Administrator, regarding PRD's. John Simons arrived at 9:40 p.m. Mr. Michael Staff, Sugarcane Lane, asked if there would be construction on both Seven Oaks and Jerad Place III at the same time? Mr. Rowan said, probably, Seven Oaks is an approved subdivision. Mr. Besson asked how many extra lots could be added to Candlestick Road. Ms. Elise Pouliot, Boxford Street, asked where will Jerad IV go? Mr. Neve replied, off Boxford Street. Ms. Pouliot expressed concerns about the number of septic systems in the area. Mr. Neve stated that they conform to Town guidelines which are more stringent than State regulations. Mr. Nardella stated that discussions would continue to the June 7th meeting. Mr. Simons to review all material and notes from discussions that took place before his arrival. On June 7, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowan, Clerk, and John Daghlian. John Simons arrived at 8: 15 p.m. Mr. Thomas Neve stated that D.P.W. has not yet reviewed the drainage calculations. Mr. Nardella concerned that when a lot in a 1 acre area is taken out of that subdivision and put in a 2 acre subdivision that the 1 acre lots should lose their protection. The Planning Board requested that Town Counsel review issues of grandfathering the lots under 1 acre. There was a discussion of a contribution to be made to the sidewalk fund. Page 6: Jerad III The Board may require cape cod berm. Mr. Nardella stated that if Ms. Colwell can draft conditions by the next meeting, she will do so. Mr. David Sherman, 315 Candlestick Road, stated that Candlestick Road does not need sidewalks currently but may in the future. What is the time frame. Mr. Neve stated that the road will, be built with a few homes by the end of the year. There is a three year build out proposed. Traffic of construction vehicles, stones will be placed at entrance to the subdivision to knock off silt and sand from tires, Mr. Robert Janusz, developer, has reviewed ability to use wood road off of Forest Street for construction access. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to continue the public hearing to June 21, 1994 . On June 21, 1994 the Planning Board held a regular meeting. Due to the lack of a quorum, a meeting was scheduled for June 28 , 1994 . On June 28 , 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member, Mr. Robert Janusz was present and asked that the public hearing be continued to July 5, 1994 . On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted to continue the public hearing to July 5, 1994. On July 5 , 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and John Daghlian. Mr. Thomas Neve, of Thomas Neve Associates, told the Board that he reworked the original conventional subdivision to create „ additional 1/2 acre, took some land from the Form A lot, shortened , the road. The Planning Board discussed access to- all - lots from legal frontage. Lot 1 would require a special permit for access. The Planning Board discussed the issue that lots from 1 acre grandfathered subdivision are being changed and added to a 2 acre subdivision. Page 7 : Jerad III Ms. Colwell stated that Town Counsel stated that at some point when lots are changed to such an extent that they no longer "relate" to the original subdivision that they then lose any zoning protection held b y the original subdivision. nion. Mr. Mahoney questioned what effect would this have on Jerad II. Mr. Neve stated he was not changing anything regarding the roadway in Jerad II. He ' s not changing any lot lines of people currently owning the land. He is creating 1 acre lots under the PRD which is the lot size of the existing Jerad II. Mr. Nardella had questions about who would own the open space. Discussion that portion of Form A lot could be placed under a conservation restriction and a connection created with Seven Oaks open space. Ms. Colwell and Mr. Doucette to discuss ownership of open space. Ms. Colwell to confirm date Jerad II application filed and CBA requirement. Jerad II plan endorsed in October of 1986. Mr. Neve stated that if one lot is lost, the deal will fall through and Form A lots will be built along Forest Street. Mr. Simons stated that protecting greenbelt along Forest Street is laudable. The Planning Board has a creditability problem with the PRD process, perceived as allowing more lots, need to look closely at this. Mr. Mahoney stated that the creditability problem is due to the lack of education on the part of the public. He endorsed the concept. Mr. Daghlian would rather see a PRD than a Form A plan, major wetland crossings would be involved with Form A' s. Mr. Rowen asked what would happen if the Planning Board determined that 8 lots are appropriate instead of 9 lots. Mr. Neve replied that the deal would fall through if he loses one lot due to financial commitments. Mr. Rowen stated that he can accept the concept after reviewing the math of the acres. Page 8: Serad III Mr. Nardella stated that Counsel advised that when lots are changed to such a point that they lose association, they lose their grandfathering, it is discretionary with the Planning Board to decide this. Mr. Neve stated that he will need to redo the Form A lot with a conservation restriction placed on the land. Mr. Nardella stated that he supports this conventional plan. Mr. Simons expressed concerns about conventional plan., needs to think about it. Mr. Neve stated that the drainage is in the cul-de-sac, leaching catch basins at end of cul-de-sac with grading between lots. Mr. Neve requested a sidewalk waiver. Mr. Neve stated that he will construct $25, 000 worth of off-site improvements with the watermain. Mr. Nardella told Mr. Neve that sprinklers will be required. Mr. Neve asked the Planning Board to consider waiving sidewalk requirement in lieu of off-site improvements. (550 ' of watermain on Forest Street) . Mr. Nardella stated that sidewalks where not an issue of discussion. Ms. Colwell questioned the house designs ( � 'Al I Mr. Neve told her he will be keeping with existing homes. [KBC add to decision that homes should be in keeping with existing homes. ] Mr. Nardella stated that sidewalks are to be constructed or donate to fund. lamp post at and of driveways houses will be sprinklered curbing will be required o limit roadway pavement to 241 . Mr. Neve told Mr. Nardella that the road is basically flat, curb not needed. Mr. Nardella stated that cape cod berm along both sides of the road will be required. Page 9 Jerad III Mr. Neve told Mr. Nardella that you need a 26 ' binder with berms. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to close the public hearing on both the subdivision and the special permit for a PRD. Staff to draft decision for July 19, 1994 meeting. On July 19 , 1994 the Planning Board held a regular meeting. The following members were present; Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. Ms. Colwell went through draft decision highlighting important conditions. The Planning Board does not feel comfortable issuing decision tonight, wants to review decision in more detail. Ms. Colwell reminded the Planning Board that they were given the decision to review over the weekend. - Mr. Nardella wants cape cod berm throughout the entire subdivision. The Planning Board will discuss and render a decision at the next meeting. Mr. Nardella stated that an issue of ownership of the land has arisen. Both Mr. Robert Janusz and Mr. James Grifoni claim ownership of the property. Mr. Janusz stated he expect decision from the court on the property on August 11, 1994 Ms. Colwell to discuss with Town Counsel implications of dispute. On August 2 , 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Daghlian and Alison Lescarbeau, Associate Member. The Board reviewed the draft decision. Condition #8e - 12 inch water main - would like it to be a town project with Mr. Janusz contribution of X$ 's/ft. Page 10: Jerad III Condition 415 - granite curbing to be changed to "sloped" granite curbing. Condition #16 See wording Condition #18 fill in $ amount - Add include endorsement requirement within 90 days. Intro. change acreage 14.72 2.47 verify that Form A acreage is removed And to reword - The Planning Board notes that granting this PRD Conditions lc KBC to review ld - $10, 000 site opening on a motion by Mr. Rowen, seconded by Mr. Daghlian, the Board voted to approve the decision as amended on the definitive subdivision for Jerad Place Phase III. [NOTE: Alison Lescarbeau is a voting member on Special Permits] On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve the Special Permit for a PRD on Jerad Place Phase III as amended. Attached are those conditions. Sincerely, Planning Board 0 . 7aux/4&(2�) Richard A. Nardella, Chairman cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief c AP li ant P Engineer File Jared Place - Phase III Special Permit Conditional Approval Planned Residential Development The Planning Board herein approves a nine (9) lot Definitive Subdivision containing eight (8) new house lots and one lot of dedicated open space - known as Jared Place - Phase III. The application was submitted by Robert Janusz, 40 Sunset Rock Road, ANdover, MA 01810, dated April 21, 1994. The area affected contains approximately 14 . 73 acres in a Residential 1 Zone off of Candlestick Road. Of the 14.72 acres, 2. 07 acres are protected as 1 acre lots under a zoning freeze. The Planning Board makes the following findings as required by the Zoning Bylaw Sections 10. 3 , and 10.31: A. The specific site is an appropriate location for a Planned Residential Development as it is an extension of an existing one acre subdivision. B. The use as developed will not adversely affect the neighborhood as this site is located in a Residential-1 Zone and is an extension of an existing neighborhood. C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 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 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; B. Encourage the preservation of open space. The applicant has provided 35% of the property (5.21 acres) as Open Space C. Permit greater flexibility and more attractive and efficient 1 1 ' design of residential development; D. Meet the Town' s housing needs by promoting a diversity of housing types. The Planning Board also finds that a base density of 8 house lots is appropriate for the PRD. This number of lots has been determined from a Preliminary Conventional Subdivision Plan provided to the Planning Board which satisfies the Town' s requirements for submission of such a plan. This Preliminary Plan is described as follows: Conventional Subdivision Scale: 1" = 50' Revised 20 Jun 94 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. Prior to endorsement of the plans by the Planning Board and recording with the Registry of Deeds the applicant shall adhere to the followings a. A limit of work line incorporating the fifty foot buffer zone and the wetland limit of work zones must be shown on the plans. b. The homes on Lots 2 and 12 must be at least ten feet away from the 50 foot buffer zone. C. An easement allowing the existing driveway from Forest Street to cross the property must be submitted to the Planning office. The easement document must place restrictions limiting any further expansion of the driveway as it is located in the 50 foot buffer zone area. d. The applicant shall post (per agreement with the North Andover Planning Board) a Performance Guarantee (Site ' Opening Bond) in the amount of $10,000 (ten thousand dollars) 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. 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 3 (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, 2 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. e. The designated open space parcel shall be donated to the Town through the Conservation Commission. 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. Documents to this effect must be reviewed by the Planning Staff prior to endorsement and the property must be conveyed prior to acceptance of the road by the Town. f. Deeds conveying individual dots must contain a restriction reflecting the 50 foot not-cut requirement shown on the PRD plans. A sample deed must be reviewed by the Planning Staff prior to endorsement of the plans. 2 . 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 Tree Warden and/or Town Planner. The Town Planner must be contacted prior to any cutting on site to review the marked tree line. 3 . Prior to releasing individual lots from the statutory covenants the applicant must comply with all conditions found in the Jared Place III Definitive Subdivision Approval incorporated as a part of this decision. 4 . The applicant must comply with the Phased Development Bylaw, Section 4 (2) of the Town of North Andover Zoning Bylaw. 5 . Prior to FORM U verification for an individual lot, house designs must be submitted to the Planning Staff for review. The House designs must be similar ,in design to the existing homes in the neighborhood. 6. Prior to a Certificate of occupancy being requested for an individual lot, the conditions outlined in the Jared Place Phase III Definitive Subdivision Conditional Approval must be followed. 7 . Prior to the final release of security, the conditions outlined in the Jared Place Phase IIS Definitive Subdivision Conditional Approval must be followed. 3 3 . The applicant shall adhere to the following requirements of the Fire Department; a. All structures shall contain residential fire sprinkler systems the design of which will be approved by the Fire Department. b. Smoke alarms must be installed. 9 . Pedestrian access will be provided to the open space area as delineated by the Town Staff. 10 . 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 :rust be submitted as outlined in Section 5.8 (6) of the Zoning Bylaw. 11. This special permit approval shall be deemed to have lapsed after August 16, 1994 (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. Substantial construction shall be solely determined by a majority vote of the North Andover Planning Board. 12 . The provisions of this Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 13 . This Special Permit approval is based upon the approval of a Definitive Subdivision Pian. The Special Permit and Definitive Subdivision approvals are both based upon the following information: a. Plans entitled: Planned Residential Development Jared Place Phase III Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road US Route 1 Topsfield, MA 01983 Dated: 4/22/94 , rev. 8/1/94 Sheets: 1 through 5 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector 4 Police Chief Fire Chief Assessor Applicant Engineer File JaredIII.PRD S r' L t APPLICATION FOR APPROVAL OF DEFINITIVE PLAN �IR{/./�1�(}C(. . � ` i 1 TER April 21 t-0 21 I i.- To the Planning Board of the Town of North Andover: The undersigned~ being the applicant as defined under Chapter 419 Section 81-L# for approval of a proposed subdivision shown on a plan entitled Jerad Place - Phase III by Thomas E. Neve Associates,wInc-. dated April 22 , 1994 being land bounded as follows: northerly by Candlestick_ Road and land of Miller & Sirois , easterly by land of Kareta Laflamme, Perry, DiNatale, & Pgons utherly by land of Brikus, Hahsey & Miller, es hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title Reference: North Essex Deeds, Hook , Page ___,__; or Certificate of Title No. , Registration Book , page_; or Other: See Land Court Plan No. 32062C by Christiansen & Sergi. Said plan has( ) has not(X) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) ( } disapproved on , 19 40 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To Install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as boning by-laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall,be binding upon all heirs$ executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Date: Signatur f Appl t Time: Robert Janusz Signature: 40 Sunset Rock Road, Andover, MA 01810 Address II Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning &ard on Definitive Subdivision Plan entitled: Jerad Place - Phase III Br., Thomas E. Neve Associates, Inc. dated April 22, 1994 19 iE � �Fit � 9t The North Andover Planning Board has voted to APPRM said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division,, all as provided by G.L. c. lel., S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board' no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: See Attached CM .. X N ;n �;:� o ; n %: W t..s 4+ ..amM WE" In the event that no appeal sha11 have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. NORTH/ 6 � O Date: August 2, 1994 By: Richard A. Nardel la. Chairman-49) 1 1 Jared Place - Phase III Definitive Subdivision Conditional Approval The Planning Board herein approves a nine (9) lot Definitive Subdivision containing eight (8) new house lots and one lot of dedicated open space known as Jared Place - Phase III. The application was submitted by Robert Janusz, 40 Sunset Rock Road, Andover, MA 01810, dated April 21, 1994. The area affected contains approximately 14.73 acres in a Residential- 1 Zone off of Candlestick Road. Of the 14.72 acres 2.07 acres are protected as 1 acre lots under a zoning freeze. In granting this approval the Planning Board is not offering any opinion or making any conclusions as to ownership interests in this parcel. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated April 22, 1994 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations except as noted in Condition 17. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are followed: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The roadway detail must be changed to reflect a pavement width of twenty-four (24) feet. b. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. C. A detailed construction schedule must be submitted as part of the plans. d. A covenant (FORM I) securing all lots within the /� ,Q ufJ+. c �, "� �� _ r l subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 3 (c) . e. Right of way dedication easements for the proposed roadway shall be prepared at the applicant's expense and provided to the Planning Office. f. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. g. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1(g) . h. All application fees must be paid in full and verified by the Town Planner. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material. j . The Special Permit and Subdivision Decision for this project must be included on a sheet as part of the plans. k. Endorsement of the Plans must be completed within ninety (90) days of the date this decision is filed with the Town Clerk. If the Plans are not endorsed by this date this decision will be deemed automatically rescinded. 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. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: a. The plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. Three (3) complete copies of the recorded plans and two (2) copies of the following recorded documents must be submitted to the Planning Office: Subdivision Approval, Special Permit Approval, FORM I Covenant, FORM M Utility Easement, Roadway Easement. C. All erosion control measures must be in place and reviewed by the Town Planner. d. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the Conservation Commission Order of Condition must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. e. All state approvals required for the subdivision shall be filed with the Division of Public Works and the Planning Office prior to commencing work on the subdivision, including a storm water Pollution Prevention Plan. 3. Prior to any lots being released from the statutory covenants: a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. 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 4. Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a. 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, location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, vii. all required zoning setbacks, including buffer zones and no-cut lines, viii. location of any drainage, utility and other easements. b. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. C. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. d. The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. The Town Planner shall verify this information. e. Lot numbers, visible from the roadways must be posted on all lots. 5. Prior to a Certificate of occupancy being requested for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. b. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Board in regards to erosion, water run off, and safety. e. All lots must be raked, foamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. f. 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 owners expense if such driveway is at a catch basin or stone bound position. g. The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 6. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. The Planning Board will, by a majority, vote to release any security retained. b. The Open Space Parcel must be transferred to the Town through the Conservation Commission. C. An as-built plan and profile of the site shall be submitted for review and approval. d. The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant article 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. e. The Town Planner 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. 7. 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. Any lighting used for entrance signs must be removed prior to acceptance of the subdivision by the Town. 8. The applicant shall adhere to the following requirements of the Division of Public Works: a. Two leaching catch basins should be installed at the low point at the end of the cul-de-sac. b. The area on the property downstream from the catch basins should be graded to accommodate excess runoff from greater volume storm events. C. The drainage design should include the use of dry wells on all lots. d. The proposed hydrant at the cul-de-sac should be installed on the end of the water main and be located near the Lot 14/15 property line. e. A 12 inch water main should be installed off site on Forest Street. The main should extend from its current terminus on Forest Street to the intersection of Jared Place Road, a distance of approximately 390 feet. 9. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 10. There shall be no burying or dumping of construction material on site. 11. The location of any stump dumps on site must be pre-approved by the Planning Board. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13 . Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 14. 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 y Board. 15. Sloped granite curbing must be used throughout the subdivision. 16. The Planning Board recommends constructing the subdivision through the wood road off of Forest Street. 17. 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: Section 7 (D) Sidewalks: The Board waives the requirement of constructing sidewalks in this subdivision based upon the fact that sidewalks were not required on Candlestick Road, from which this new road gains access. This waiver is also based upon an agreement by the owner to make a donation to the Town of North Andover Pedestrian Safety Fund equal to the cost of installing sidewalks on one side of the street within the subdivision. Section 7 (B) (4) Streets and Roadways: The Board has determined that this road fits the criteria set forth by the DPW and Planning Board as a twenty-four (24) foot paved road. 18. All ways must be constructed to binder paving and utilities installed by August 16, 1996 (within two years from the date this decision is filed with the Town Clerk) or this decision is deemed to be automatically rescinded. 19. This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section 4.125, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following information: a. Plans entitled: Planned Residential Development Jared Place - Phase III Designed for. Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road US Route 1 Topsfield, MA 01983 Dated: 4/22/94, rev. 8/1/94 Sheets: 1 through 5 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector u ' Police Chief Fire Chief Assessor Applicant Engineer File JaredIII.sub Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: Jerad Place - Phase III By Thomas E. Neve Associates, Inc. dated April 22, 1994 9 19 �F 9F iE alt iF �F The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- divisiont all as provided by G.L. c. 41, S. 81--U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4• Other conditions: See Attached v c O W Wr .r- In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. s�wews�• NORTH�C �W Date: August 2, 1994 By: Richard A NardelIa. Chairman v FORM C J!, APPLICATION FOR APPROVAL OF DEFINITIVE PLAN April 21 AFR 3,Cl'9i'" To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81-L, for approval of a proposed subdivision shown on a plan entitled Jerad Place - Phase III by Thomas E. Neve Associates , Inc. dated April 22 , 1994 being land 'wounded as follows: northerly by Candlestick Road and land of Miller & Sirois , easterly by land of Kareta, LaFlamme, Perry, DiNatale,b& p' oonst utherly by land of Brikus, Hahsey & Miller, re +T•�tA3:.1 hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. ' Title Reference: North Essex Deeds, Book , Page ; or Certificate of Title No. , Registration Book _,�,, page ____; or Other: See Land Court Plan No. 32062C by Christiansen & Sergi. Said plan has( ) has not(4 evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) ( ) disapproved on , 19 • The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plant profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3• To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: �'� Date: Signaturf Appl t Robert Janusz Time: Andover, MA 01810 40 Sunset Rock Road, . Signature: Address Jared Place - Phase IIT Definitive Subdivision Conditional Approval The Planning Board herein approves a nine (9) lot Definitive Subdivision containing eight (8) new house lots and one lot of dedicated open space known as Jared Place - Phase III. The application was submitted by Robert Janusz, 40 Sunset Rock Road, Andover, MA 01810, dated April 21, 1994. The area affected contains approximately 14 .73 acres in a Residential- 1 Zone off of Candlestick Road. Of the 14.72 acres 2. 07 acres are protected as 1 acre lots under a zoning freeze. In granting this approval the Planning Board is not offering any opinion or making any conclusions as to ownership interests in this parcel. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated April 22, 1994 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7, of the Rules and Regulations except as noted in Condition 17. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are followed: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: The roadway detail must be changed to reflect a pavement width of twenty-four (24) feet. The applicant must meet with the Town Planner in order to ensure that the plans conform- with the Board's decision. A detailed construction schedule must be submitted as J part of the plans. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 3 (c) . Right of way dedication easements for the proposed roadway shall be prepared at the applicant 's expense and provided to the Planning Office. f�The applicant must submit to the Town Planner a FORM M L/ for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1 (g) . All application fees must be paid in full and verified by the Town Planner. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material. The Special Permit and Subdivision Decision for this project must be included on a sheet as part of the plans. Endorsement of the Plans must be completed within ninety (90) days of the date this decision is filed with the Town Clerk. If the Plans are not endorsed by this date this decision will be deemed automatically rescinded. 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. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: a. The plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. Three (3) complete copies of the recorded plans and two (2) copies of the following recorded documents must be submitted to the Planning Office: Sbdivison Approval; ,,S15'ecial Permit Approval, -FY I Covenant, Utility Easement, Roadway Easement. All erosion control measures must be in place and reviewed by the Town Planner. d. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the Conservation Commission Order of Condition must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. e. All state approvals required for the subdivision shall be filed with the Division of Public Works and the Planning Office prior to commencing work on the subdivision, including a storm water Pollution Prevention Plan. 3. Prior to any lots being released from the statutory covenants: a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. 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 4 . Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: e a. A lot plan for the lot in question must be submitted, 0 P P which includes all of the following: i. location of the structure, ii. location of the driveways, iii. location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, vii. all required zoning setbacks, including buffer zones and no-cut lines, viii. location of any drainage, utility and other easements. b. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. C. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. d. The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. The Town Planner shall verify this information. e. Lot numbers, visible from the roadways must be _posted on all lots. 5 . Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. b. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Board in regards to erosion, water run off, and safety. e. All lots must be raked, loamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. f. 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 owners expense if such driveway is at a catch basin or stone bound position. g. The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 6. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. The Planning Board will, by a majority, vote to release any security retained. b. The Open Space Parcel must be transferred to the Town through the Conservation Commission. C. An as-built plan and profile of the site shall be submitted for review and approval. d. The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant article 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. e. The Town Planner 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. 7 . 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. Any lighting used for entrance signs must be removed prior to acceptance of the subdivision by the Town. 8 . The applicant shall adhere to the following requirements of the Division of Public Works: a. Two leaching catch basins should be installed at the low point at the end of the cul-de-sac. b. The area on the property downstream from the catch basins should be graded to accommodate excess runoff from greater volume storm events. C. The drainage design should include the use of dry wells on all lots. d. The proposed hydrant at the cul-de-sac should be installed on the end of the water main and be located near the Lot 14/15 property line. e. A 12 inch water main should be installed off site on Forest Street. The main should extend from its current terminus on Forest Street to the intersection of Jared Place Road, a distance of approximately 390 feet. 9. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 10. There shall be no burying or dumping of construction material on site. 11. The location of any stump dumps on site must be pre-approved by the Planning Board. 12 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13 . Gas, Telephone, Cable, and - Electric utilities shall be installed as specified by the respective utility companies. 14 . 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. 15. Sloped granite curbing must be used throughout the subdivision. 16. The Planning Board recommends constructing the subdivision through the wood road off of Forest Street. 17. 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: Section 7 (D) Sidewalks: The Board waives the requirement of constructing sidewalks in this subdivision based upon the fact that sidewalks were not required on Candlestick Road, from which this new road gains access. This waiver is also based upon an agreement by the owner to make a donation to the Town of North Andover Pedestrian Safety Fund equal to the cost of installing sidewalks on one side of the street within the subdivision. Section 7 (B) (4) Streets and Roadways: The Board has determined that this road fits the criteria set forth by the DPW and Planning Board as a twenty-four (24) foot paved road. 18. All ways must be constructed to binder paving and utilities installed by August 16, 1996 (within two years from the date this decision is filed with the Town Clerk) or this decision is deemed to be automatically_rescinded. 19. This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section 4. 125, 10. 3 and 10. 31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following information: a. Plans entitled: Planned Residential Development Jared Place Phase III Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road US Route 1 Topsfield, MA 01983 Dated: 4/22/94, rev. 8/1/94 Sheets 1 through 5 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File JaredIII. sub x � • TOWN OF NORTH ANDOVER MASSACHUSETTS 103 I ' f gORTI,, p Any appeal shall be filed K,' � after the ;,SS'�CNUS tth within (2d) days a data of filing of this Notice In the off ice of the Town NOTICE OF DECISION Clerk. is to certify that twenty(20)days h elapsed from date of decision fti Date..August. 16: 1994 without filingof � � • • � � � *f%*17;�une' 7,Nine 21, Dats � " ' ��' June 28, July 5, Joyce A.Bradshaw Date of Hearing •3u1y'i9'&'AuguE 2, 1994 Tovm Clerk Petition Of Robert. Janusz. . . . . . . . . . . Premises affected Land .on .the •South .Side ,of •Candlestick .Road . • • . . . , . . + • . . Referring to the above petition for a special permit from the requirements of the North• Andover Zoning Bylaw Section 8.5 Planned Residential Development so as to permit , .the •construction •of •8 .single family.homes. . . • • • • . . • . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to .APPROVE. . . . . . . . .the . . .SPECIAL .PERMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: Signed a. Av,,6& Richard A. Nardella, Chairman cc: Director of Public Works Building Inspector Joseph Mahoney, Vice Chairman Conservation Administrator . . . . . . • • • Health Sanitarian Richard Rowen, Clerk Assessors . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . Police Chief John Daghlian Fire Chief . . . . . . . ... .. . . . . . . . . . . . . . . . . . . . . Applicant Engineer Alison Lescarbeau, Associate. . . File .planning . Board. Interested Parties 1 , NORT}, KAREN H.P.NELSON om 120 Main Street, 01845 Director, TOWN Of BtTILDING' .�» NORTH ANDOVER (508) 682-6483 qs°4.:.o�°"�tt CONSERVATION s"°HQ5� DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT August 16, 1994 Ms. Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - PRD Jerad Place Phase III Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on May 17, 1994, in the Senior Center behind the Town Building, upon the application of Robert Janusz, 40 Sunset Rock Road, Andover, MA. , who was requesting a special permit under Section 8.5 (Planned Residential Development) of the North Andover Zoning Bylaw. The legal notice was duly advertised in the North Andover Citizen on April 25, 1994 and May 5, 1994 and all parties of interest were properly notified. The following Board members were present: Richard Nardella, Chairman, Richard Rowen Clerk, John Daghlian and John Simons. The petitioner was requesting a special permit for the construction of 8 single family homes under the requirements of a Planned Residential Development. Mr. Rowen read the legal notice to open the public hearing. Mr. Thomas Neve was present representing Mr. Robert Janusz. He gave the Board the following information: Phase III of developing Mr. Janusz ' land reviewed property under conventional zoning which is partially R-2 and with the majority in R-1 road exit fromCandlestickand extend approximately 900 ft. of roadway all lots but one serviced by subdivision road, all have required acreage, CBA, frontage and have passed Board of Health septic tests Ms. Colwell to check date of endorsement of Jerad II plan. . Page 2: Jerad III PRD Plan: minimum of 25,00 sq.ft. allowed, all lots are greater than 40, 000 sq. ft. 50 ft. buffer zone line shown on plans wetland line shown on plans 50 ft. no construction zone 25 ft. not cut zone no variances required waiver of roadway length is the only subdivision waiver requested 35% open space required in a PRD creates greenbelt along Forest Street and keeps open water wetland available as open space nearest house to Forest Street will be 3.00 ft. away roadway is the same length in both conventional and PRD plan Mr. Nardella stated that the Board previously reviewed this under a request for a determination of the zoning. The Board requested that Mr. Neve go through the calculation of lots under the conventional subdivision. Three 1 acre lots in Jerad II are reconfigured. One l acre lot remains in Jerad II on Sugarcane Lane, two 1 acre lots become part of Jerad Place III. The conventional plan has two 1 acre lots and six 2 acre lots. The detention ponds designed to mitigate run-off, retain/detain water - stormwater mitigation and to "clean" water before it is released to protect watersheds. The ponds will hold a 12 hour volume of water. Mr. Daghlian asked how close will the houses be? The response: 3,200 sq. ft. footprints shown Lot 1 & 2 Lot 2 & 3 Lot 3 & 4 80 ft. 100 ft. 60 ft. Mr. Rowen stated that the extension of Sugarcane Lane used leaching pits in the island to avoid detention/retention ponds. He questioned whether this was possible for the Jerad III island. Mr. Neve stated that 250 ft. of road drains to the cul-de-sac without any basins, water will run in a swale along lot lines to wetlands. Page 3: Jerad III Mr. Nardella - catch basins at end of road draining into cul- de-sac. Issues of sidewalks was discussed. Mr. Neve said possible use of sidewalk money to tie water-line into Forest Street. Mr. Nardella had questions of site distance on Candlestick. Mr. Neve stated that there is a 30' pavement radius at entrance to Candlestick. Mr. Nardella asked that discussions continue to June 7 meeting, to discussdrainage, sidewalks, roadway width, island width. Mr. Peter Besson, Candlestick Road, questioned how many lots/new houses will be created that access Candlestick. Mr. Neve replied: 8 as part of Jerad II 2 on Sugarcane Lane existing lots 7 as part of Seven Oaks 17 lots Mr. Besson asked if economics taken into consideration and marketability. Mr. Nardellareplied "no, marketability is not something that the Board has the power to review. " The developer must show a buildable subdivision. A PRD creates protected open space and creates 50 ft. no build buffer zone Mr. Neve will calculate additional area of open space protected by 50 ft. buffer zone. Ms. Ann Perry, Sugarcane Lane, asked if any filling on lots. Mr. Neve replied, no filling of wetlands but the site will be graded for the house sites and septic systems. Mr. George Perna, D.P.W. Director, asked that the limit of clearing be shown. Mr. Neve stated that there was a continuous barrier of erosion control shown on the plan. Elizabeth Williams, Candlestick, asked what is the distance between hones in the conventional plan. Mr. Neve replied that homes are a similar distance apart in both conventional and PRD Plan. Page 4s Jerad III Ms. Williams stated that houses would be large for lots. Mr. Neve told her footprints are large to give developer flexibility. Mr. Janusz intends to put same covenants on Phase II and as Phase III. Mr. Scott Williams, Candlestick Road, concerned about wetland line. Mr. Sam Gagliano, Candlestick Road, stated that the intersections of Forest and Boxford Streets have become dangerous, concerned about site distance. Jerry Peterson, Candlestick Road, also had concerns about traffic. Ms. Amy Lyons asked why wasn't Lot 11 included in the subdivision. Mr. Neve stated that topography of area does not allow for access across wetland to that lot through the subdivision. Carolyn Dudman, Sugarcane Lane, asked if the drainage will effect wetlands. Mr. Neve stated that ponding areas store the water to settle out particulates and regulate flow into the wetlands, detention areas and catch basins cleaned out periodically by D.P.W. Ms. Dudman concerned about salt and sand. Mr. Perna stated that salt and sand was cleaned out in catch basins. Mr. David Sherman, Candlestick Road, asked if Candlestick Road drainage be effected. Mr. Neve stated that no drainage from this road will enter existing roadway. Mr. Tony Campagne, Boxford Street, asked if any road construction involved in existing streets. Mr. Neve stated that none is currently planned however, water main in Forest Street may be effected. Mr. Perna stated that from now on with any off site construction, a developer will have a paid full time person to monitor construction. Mr. John Leeman, Pine Ridge Road, asked if the 50 ft. buffer zone is calculated as part of 35% open space. Mr. Neve stated it is where it is part of the open space. Mr. Leeman asked when were the wetlands flagged? Mr. Neve replied, "last spring. " Page 5: Jerad III Mr. Leeman asked if any oil or grease traps in catch basins? Mr. Neve replied "yes. " Ms. Williams asked what is the direct benefit to the Town of the open space. Mr. Neve replied, to preserve forested area along Forest Street. Mr. Rowen read a memo to the Board from Richard Doucette, Conservation Administrator, regarding PRD's. John Simons arrived at 9:40 p.m. Mr. Michael Staff, Sugarcane Lane, asked if there would be construction on both Seven Oaks and Jerad Place III at the same time? Mr. Rowen said, probably, Seven Oaks is an approved subdivision. Mr. Besson asked how many extra lots could be added to Candlestick Road. Ms. Elise Pouliot, Boxford Street, asked where will Jerad IV go? Mr. Neve replied, off Boxford Street. Ms. Pouliot expressed concerns about the number of septic systems in the area. Mr. Neve stated that they conform to Town guidelines which are more stringent than State regulations. Mr. Nardella stated that discussions would continue to the June 7th meeting. Mr. Simons to review all material and notes from discussions that took place before his arrival. On June 7, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, -Richard Rowen, Clerk, and John Daghlian. John Simons arrived at 8: 15 p.m. Mr. Thomas Neve stated that D.P.W. has not yet reviewed the drainage calculations. Mr. Nardella concerned that when a lot in a 1 acre area is taken out of that subdivision and put in a 2 acre subdivision that the 1 acre lots should lose their protection. The Planning Board requested that Town counsel review issues of grandfathering the lots under 1 acre. There was a discussion of a contribution to be made to the sidewalk fund. Page 6: Jerad III The Board may require cape cod berm. Mr. Nardella stated that if Ms. Colwell can draft conditions by the next meeting, she will do so. Mr. David Sherman, 315 Candlestick Road, stated that Candlestick Road does not need sidewalks currently but may in the future. What is the time frame. Mr. Neve stated that the road will be built with a few homes by the end of the year. There is a three year build out proposed. Traffic of construction vehicles, stones will be placed at entrance to the subdivision to knock off silt and sand from tires. Mr. Robert Janusz, developer, has reviewed ability to use wood road off of Forest Street for construction access. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to continue the public hearing to June 21, 1994. On June 21, 1994 the Planning Board held a regular meeting. Due to the lack of a quorum, a meeting was scheduled for June 28, 1994. On June 28, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. Mr. Robert Janusz was present and asked that the public hearing be continued to July 5, 1994 . On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted to continue the public hearing to July 5, 1994. On July 5, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and John Daghlian. Mr. Thomas Neve, of Thomas Neve Associates, told the Board that he reworked the original conventional subdivision to create additional 1/2 acre, took some land from the Form A lot, shortened the road. The Planning Board discussed access toalllots from legal frontage. Lot 1 would require a special permit for access. The Planning Board discussed the issue that lots from 1 acre grandfathered subdivision are being changed and added to a 2 acre subdivision. Page 7: Jerad III Ms. Colwell stated that Town Counsel stated that at some point when lots are changed to such an extent that they no longer "relate" to the original subdivision that they then lose any zoning protection held by the original subdivision. Mr. Mahoney questioned what effect would this have on Jerad II. Mr. Neve stated he was not changing anything regarding the roadway in Jerad II. He's not changing any lot lines of people currently owning the land. He is creating 1 acre lots under the PRD which is the lot size of the existing Jerad II. Mr. Nardella had questions about who would own the open space. Discussion that portion of Form A lot could be placed under a conservation restriction and a connection created with Seven Oaks open space. Ms. Colwell and Mr. Doucette to discuss ownership of open space. Ms. Colwell to confirm date Jerad II application filed and CBA requirement. Jerad II plan endorsed in October of 1986. Mr. Neve stated that if one lot is lost, the deal will fall through and Form A lots will be built along Forest Street. Mr. Simons stated that protecting greenbelt along Forest Street is laudable. The Planning Board has a creditability problem with the PRD process, perceived as allowing more lots, need to look closely at this. Mr. Mahoney stated that the creditability problem is due to the lack of education on the part of the public. He endorsed the concept. Mr. Daghlian would rather see a PRD than a Form A plan, major wetland crossings would be involved with Form A's. Mr. Rowen asked what would happen if the Planning Board determined that 8 lots are appropriate instead of 9 lots. Mr. Neve replied that the deal would fall through if he loses one lot due to financial commitments. Mr. Rowen stated that he can accept the concept after reviewing the math of the acres. Page 8: Jerad III Mr. Nardella stated that Counsel advised that when lots are changed to such a point that they lose association, they lose their grandfathering, it is discretionary with the Planning Board to decide this. Mr. Neve stated that he will need to redo the Form A lot with a conservation restriction placed on the land. Mr. Nardella stated that he supports this conventional plan. Mr. Simons expressed concerns about conventional plan, needs to think about it. Mr. Neve stated that the drainage is in the cul-de-sac, leaching catch basins at end of cul-de-sac with grading between lots. Mr. Neve requested a sidewalk waiver. Mr. Neve stated that he will construct $25, 000 worth of off-site improvements with the watermain. Mr. Nardella told Mr. Neve that sprinklers will be required. Mr. Neve asked the Planning Board to consider waiving sidewalk requirement in lieu of off-site improvements. (550' of watermain on Forest Street) . Mr. Nardella stated that sidewalks where not an issue of discussion. Ms. Colwell questioned the house designs. Mr. Neve told her he will be keeping with existing homes. [KBC add to decision that homes should be in keeping with existing homes. ] Mr. Nardella stated that sidewalks are to be constructed or donate to fund. lamp post at end of driveways houses will be sprinklered curbing will be required limit roadway pavement to 241 . Mr. Neve told Mr. Nardella that the road is basically flat, curb not needed. Mr. Nardella stated that cape cod berm along both sides of the road will be required. Page 9: Jerad III Mr. Neve told Mr. Nardella that you need a 26' binder with berms. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to close the public hearing on both the subdivision and the special permit for a PRD. Staff to draft decision for July 19, 1994 meeting. On July 19, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau, Associate Member. Ms. Colwell went through draft decision highlighting important conditions. The Planning Board does not feel comfortable issuing decision tonight, wants to review decision in more detail. Ms. Colwell reminded the Planning Board that they were given the decision to review over the weekend. Mr. Nardella wants cape cod berm throughout the entire subdivision. The Planning Board will discuss and render a decision at the next meeting. Mr. Nardella stated that an issue of ownership of the land has arisen. Both Mr. Robert Janusz and Mr. James Grifoni claim ownership of the property. Mr. Janusz stated he expect decision from the court on the property on August 11, 1994.. Ms. Colwell to discuss with Town Counsel implications of dispute. On August 2, 1994 the Planning Board held a regular meeting. The following members were present; Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Daghlian and Alison Lescarbeau, Associate Member. The Board reviewed the draft decision. Condition #8e - 12 inch water main - would like it to be a town project with Mr. Janusz contribution of X$'sfft. Page 10: Jerad III Condition #15 - granite curbing to be changed to "sloped" granite curbing. Condition #16 - See wording Condition #18 fill in $ amount - Add include endorsement requirement within 90 days. Intro. change acreage 14.72 2 .47 verify that Form A acreage is removed And to reword - The Planning Board notes that granting this PRD Conditions lc - KBC to review ld - $10, 000 site opening On a motion by Mr. Rowen, seconded by Mr. Daghlian, the Board voted to approve the decision as amended on the definitive subdivision for Jerad Place Phase III. [NOTE: Alison Lescarbeau is a voting member on Special Permits] On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve the Special Permit for a PRD on Jerad Place Phase III as amended. Attached are those conditions. Sincerely, Planning Board R.4�d. a. 71d.4&. Richard A. Nardella, Chairman cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Jared Place - Phase III Special Permit Conditional Approval Planned Residential Development The Planning Board herein approves a nine (9) lot Definitive Subdivision containing eight (8) new house lots and one lot of dedicated open space known as Jared Place - Phase III. The application was submitted by Robert Janusz, 40 Sunset Rock Road, ANdover, MA 01810, dated April 21, 1994. The area affected contains approximately 14.73 acres in a Residential - 1 Zone off of Candlestick Road. Of the 14.72 acres, 2.07 acres are protected as 1 acre lots under a zoning freeze. The Planning Board makes the following findings as required by the Zoning Bylaw Sections 10.3, and 10.31: A. The specific site is an appropriate location for a Planned Residential Development as it is an extension of an existing one acre subdivision. B. The use as developed will not adversely affect the neighborhood as this site is located in a Residential-1 Zone and is an extension of an existing neighborhood. C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 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 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; B. Encourage the preservation of open space. The applicant has provided 35% of the property (5.21 acres) as Open Space; C. Permit greater flexibility and more attractive and efficient 2 design of residential development; D. Meet the Town's housing needs by promoting a diversity of housing types. The Planning Board also finds that a base density of 8 house lots is appropriate for the PRD. This number of lots has been determined from a Preliminary Conventional Subdivision Plan provided to the Planning Board which satisfies the Town's requirements for submission of such a plan. This Preliminary Plan is described as follows: Conventional Subdivision Scale: 1" = 50' Revised 20 Jun 94 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. 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. A limit of work line incorporating the fifty foot buffer zone and the wetland limit of work zones must be shown on the plans. b. The homes on Lots 2 and 12 must be at least ten feet away from the 50 foot buffer zone. c. An easement allowing the existing driveway from Forest Street to cross the property must be submitted to the Planning Office. The easement document must place restrictions limiting any further expansion of the driveway as it is located in the 50 foot buffer zone area. d. The applicant shall post (per agreement with the North Andover Planning Board) a Performance Guarantee (Site Opening Bond) in the amount of $10,000 (ten thousand dollars) 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. 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 3 (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, 2 r 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. e. The designated open space parcel shall be donated to the Town through the Conservation Commission. 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. Documents to this effect must be reviewed by the Planning Staff prior to endorsement and the property must be conveyed prior to acceptance of the road by the Town. f. Deeds conveying individual lots must contain a restriction reflecting the 50 foot not-cut requirement shown on the PRD plans. A sample deed must be reviewed by the Planning Staff prior to endorsement of the plans. 2. 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 Tree Warden and/or Town Planner. The Town Planner must be contacted prior to any cutting on site to review the marked tree line. 3 . Prior to releasing individual lots from the statutory covenants the applicant must comply with all conditions found in the Jared Place III Definitive Subdivision Approval incorporated as a part of this decision. 4. The applicant must comply with the Phased Development Bylaw, Section 4 (2) of the Town of North Andover zoning Bylaw. 5. Prior to FORM U verification for an individual lot, house designs must be submitted to the Planning Staff for review. The House designs must be similar in design to the existing homes in the neighborhood. 6. Prior to a Certificate of occupancy being requested for an individual lot, the conditions outlined in the Jared Place- Phase III Definitive Subdivision Conditional Approval must be followed. 7. Prior to the final release of security, the conditions outlined in the Jared Place - Phase III Definitive Subdivision Conditional Approval must be followed. 3 8. The applicant shall adhere to the following requirements of the Fire Department: a. All structures shall contain residential fire sprinkler systems the design of which will be approved by the Fire Department. b. Smoke alarms must be installed. 9. Pedestrian access will be provided to the open space area as delineated by the Town Staff. 10. 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. 11. This special permit approval shall be deemed to have lapsed after August 16, 1994 (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. Substantial construction shall be solely determined by a majority vote of the North Andover Planning Board. 12 . The provisions of this Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 13 . This Special Permit approval is based upon the approval of a Definitive Subdivision Plan. The Special Permit and Definitive Subdivision approvals are both based upon the following information: a. Plans entitled: Planned Residential Development Jared Place - Phase III Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road US Route 1 Topsfield, MA 01983 Dated: 4/22/94, rev. 8/1/94 Sheets: l through 5 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector 4 6 w . , Police Chief Fire Chief Assessor Applicant Engineer File JaredIII.PRD 5