HomeMy WebLinkAboutJOYCE, MAUREEN Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetland 242-972
Wetlands Protection ton Act M. .L.
G c. 1 1 4
3 0
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the M
computer, use r. Ralph JoyceName
only the tab
key to move 95 Main Street
your cursor- Mailing Address
do not use the North Andover MA 01845`'
return key. City/Town State Zip Code,,
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Ralph Joyce
Name
n July 21, 1999 242-972
Dated DEP File Number
3. The project site is located at:
Chestnut Street North Andover
Street Address City/Town
N/A(sewer line in public road) N/A
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Maureen Joyce
Property Owner(if different)
N/A (sewer line in public road
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.12/15/00
Page 1 of 3
k
[ I Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File number_
WPA Form 8B — Certificate of Compliance
242-972
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions:The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
#64
C. Authorization
Issued by:
North Andover Conservation f
Conservation Commission Date Ot Issuance
This,Certificate ust b signed by a majority of the Conservation Commission and a copy sent to the
applicant and pro ri to EP egional Office (See Appendix A).
Signatures:
I
On Of 1
Day Month a d Year
before7ersonall�appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
r
Notary Pubic My commi ion kPires
wpaform 8b.doc•rev.12/15/00 Page 2 of 3
7 Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
--
WPA Form 8B — Certificate of Compliance
242-972
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on doffed line and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform Sb.doc•rev.12/15/00 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-792
WPA Form 7 - Extension Permit for Orders of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c.. 131, §40 Protection Bylaw.
' Applicant Infonnation
1. Applicant:
Ashwood Companies c/o Carl Kasierski
Name
North Andover
Ciry/Townofsite
June 20, 1996
Date ofOrder of Condtions Issuance
242-792
DEP file Number
Finding Information
From:
NORTH ANDOVER
Conservation Commission
To: (Applicant) (Property Owner)
Ashwood Companies c/o Carl Kasierski Same
NameofAppficant Nameoi`Rwertyowfie
84 Lake Street
Mailing Address MailingAddms
Nashua, N.H. 03060
City/Town State Zip Code City/Town State Zip Code
1996
The Order of Conditions(or Extension Permit)issued June 20, on(date)
to Greenleaf Realty Trust (name of applicant),DEP File No. 242-792
for work at Chestnut Street, Map 98D, Lot 58-65, Map 98C, Lot 107-108 (Street
address and Assessors Map/Plat, Parcel& Lot#s) recorded at the Registry of Deeds for Essex
(County) Book 4553 Page 125 Certificate(if registered land)
is hereby extended for a period of S one) 1 year(I from the date it expires(not more than 3 years from the expiration date
of the Order of Conditions or the latest extension thereof,only unexpired Orders of Conditions or Extension Permits may be
extended).
Date that Order was last extended(if applicable) (date).
This Extension will expire on 6/20/2000 (date).
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-792
WPA Form 7 - Extension Permit for Orders of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Finding Information (cont.)
On this
y Issued by: 19th
North Andover day of
Consermm Commission May
Month
This Order of Conditions Extension must be signed by a 1999
majority of the conservation commission and a copy sent to v�
the applicant and the appropriate DEP Regional Office(see before me personally appeared
Appendix A). Albert P. Manzi, Jr.
Signature(s):
to me known to be the person described in and who
executed the foregoing instrument and acknowledged that
he/she executed the same as his/her free act and deed.
Notary A b is
December 11, 2003
s
Mycomiff-wonexpivs
Recording conRrmation
The applicant shall record this document in accordance with Order of Conditions) in the Registry of Deeds or the Land Court
General Condition 8 of the Order of Conditions(see below), for the district in which the land is located,within the chain of
complete the form attached to the bottom of this Extension title of the affected property. In the case of recorded land,it
Permit,have it stamped by the Registry of Deeds,and return it shall be noted in the Registry's Grantor Index under the name
to the conservation commission. of the owner of the land upon which the proposed work is to be
done. In the case of registered land,it shall also be noted on
Note:General Condition 8 of the Order of Conditions requires the Land Court Certificate of Title of the owner of the land upon
that applicantthe prior to commencement of work,to record which the proposed work is done.
the final Order(or in this case,the Extension Permit for the
Detach on dotted line and submit to the conservation commission prior to the expiration of the Order of Conditions subject to this
Extension Permit.
---- -------------------------------
To:
in accordance with General Condition 8 of the original Order of
Conditions on
Cons"ion Commission
Please be advised that the Extension Permit to the Order of Dare
Conditions for the project at
Book Page
AojencocWon If recorded land,the instrument number which identifies this
transaction is
DEP File Number InsoumentNomber
has been recorded at the Registry of Deeds of If registered land,the document number which identifies this
transaction is
C-fly Documet Number
and has been noted in the chain of title of the affected property
Applicant Signa n
r
REC Vt
FOM C JOYCE B ADSHAW
TOWN CLERK
APPLICATION FOR APPROVAL CP MWINITIVS PLAN NORTH ANDOVER
FebrWrl Z 5I- _w
96
To the Planning Board of the Town of North Andover:
The undersignedt being the applicant 33 defined under wmpter 47 ,
81-Lt for approval of a proposed subdivision shown on a plan sactitled
Special Permit and Definitive Plan Woodlea Village
by _Merrimack Engineering Services dated January 15, 1996
being land bounded as follows: southerly by land of Beni amin osaood
and easterly by Chestnut Street:- nnr1`hPr1-v by Asan aurin n� ��
and westerly by land now or formerly Balsamo, Fusco Iovino_pa illo &
hereby submits said plan as a MWIMITIVI plan in accordance with th- �haes and Himber
Regulations of the North Andover Planning Board and makes applicaa.:.. to the
Board for approval of said plan.
Title Reference: North Essex Deeds Book 21_?_, Page 116 ; or
Certificate of Title :No. _! Registration Book,_# paga„_„_,; or
Other:
Said plan has( has not ) evolved from a preliminary plan submittea to
the Board of _�, and approved (with modifications) ( )
disapproved ( OR , 19 �.
The' undersigned hereby applies for the approval"of said 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 Horth Andover, upon approval of said DEFINITIVE plan by the
Board:
i. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor! the
Board of Healtht and all general as well as zoning bylaws of said Towns
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 iosprovements shown
thereon in accordance with Sections Iv and V of cae Rules and Regulations
of the Planning Board and the approved DMINITIVB plant profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are specificallyq by references incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall be banding upon all heirsq execatoreg administrators,
anecessorsp grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and eon#ruetion within two (2)
years from the date hereof. are4'4\t.e0. '9"e.-TAY
Received by Town Clark: D_
Dates Signature of Applicant
Time: 41 Marbleridge Road
Signature: North Andover, MA 01845�_�`.
Address
Notice to APPLICAnr/TowN CLa and Certification of Actiaoa of P"m dag Hoard
an Definitive Subdivision Plan entitledt _SReci_ al Permit-and Definitive Plan
Woodlea Village, North Andover, MA
Byt Merrimack Engineering Servicesdated January 15 , 19 96
The North Andover Planning Board has voted to APPRM said plea, subject to the
following conditions:
1. That.the record owners of the subject land forthwith va cate and record
a '►covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal cipal services within said sub-
division, all as provided by G.L. c. 419 S. M.-U.
2. That all such construction and inatal].ations shall In all respects
conform to the governing rules and rsgnlatioos of this Hoard.
3. That, as required by the North Andover Hoard of Nealth 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.
k. Other conditions:
In the event that no appeal shall have been taken frac said approval within
twenty days from this date, the North Andover Planning Hoard w.i31 forthwith
thereafter endorse its formal approval upon said plan.
� � * e * * * * e * ee * �► e * neve * * eew �tfe • eee +tw �tew �► e
The North Andover Planning Hoard has MMAPPROVED said plan, for the following
reasons:
NOR?R ANDOM PLAMM BOARD
Date: By:
Ii
!'f TCWN OF NOR"I ANDOVER HA
MASSACHUSETTS ja IV W
PLANNMG BOARD No 4 OAK
fa !1 1223 '36
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant: Greenleaf Realty Tri}st Address: 41 Marbleridge Road
1. Application is hereby made North Andover, MA 01845
1 (a) For a Special Permit under Section 8.5, Paragraph 6_D
of the Zoninc 9vLaa.
!
2. (ail Prem,ses affected are land X and b :.'ld_ngs
:�:..warad caiCJl.11U1 Street.
(b) Premises affectad are property with frontage on
North South East West X s--,d--z :-,f
Chestnut Street, known as No.
rhQgI-ni,•1- Street.
(c) Premises affected are in Zoning District R-3 ar:-i
the premises affected have an 'area of 15.54 acres
and frontage of 1276.04 feet.
3. Ownership:
(a) Name and, Address of owner (if joint ownership, give all
names) :
See Attached
Date of purchase Previous owner$enlamin Osgood
(b) "I.1 applicant is rc t caner, check his interest :1 th e
Premises:
Prospective purchaser
Leasee
other (explain)
4 . ''Size of proposed building: 55 front: 30 feet deep
Height:
_2 stories: 16 feet.
(a) Approximate date of erection
(b) Cccupancy cr use (of each floor) RPG;�Pn ,ai
(c) Type of construction Wood frame
5. Size of Existing Building: - feet front: - feet deep
Height: _ stories _ fast.
(a) Approximate date. of erection -
(b) Cccupancy or use *(of each floor) _
o• has there been a previous application for a Special :ermit
from the Planning Board -,on these premises? unknown
If so, when
7. Description of purpose for which Special Permit is sought on
this petition: To create a PRD with An R-3 Zone.
8. Deed recorded in the Registry of Deeds in:Book 2177 Page 116
or Land Court Certificate No. Book Page ,
9. The principal points upon which I base may application are
as follows: (must be stated in detail) .
Area is surrounded by residential deveIgnment
P,rOpOsed use is in conformance with axi _-,i-ing
land use and wi 1 1 nnt- be dotri mcnt8I:O th0
surrounding area.
I agree to 'pay for advertising in newspaper and postage fee for
mailing legal notices to "Pa les in Inter�es�t".
�GG6�...:.• n
(Petitioner's Signature)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be' treated , as -mere notice of intention to seek,
relief until such time as it is made on the official application
form. ' All information called for by the foray shall be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abutters, owners of
land directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAll SS ADDRESS
Add additional sheets if necessary
Any question should be directed to the Planning Office
ATTACHMENT 3.a
OWNERS:
Redwood Realty Trust
Thomas D. Laudani, Trustee
733 Turnpike Street, Suite 137
North Andover, MA 01845
Dayrunner Realty Trust
James M. Grifoni, Trustee
240 Candlestick Road
North Andover,MA 01845
Dogwood Realty Trust
Sandra J. Grifoni, Trustee
240 Candlestick Road
North Andover,MA 01845
S
LIST OF PARTIES OF INTEREST
-SUBJECT PROPERTY
MAP IPARCEL INAME ADDRESS
8 �65
16L 107_fQ�
:ABUTTERS.
MAP IPARCEL ILOT NAME JA00RESS
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An appeal shall be fileCi w N O F NORTH ANDOVER D O D E R NORTH
Any pp MASSACHUSETTS
within (20) days after the JUN 10 1135
AN
date of filing of this Notice
oT"'yo
in the Office of the Town �O QA
Clerk.
NOTICE OF DECISION
Date.June.19 _1996. . . . . . . . .
Mar 3, Apr 2, Apr i6, 1996
Dateof Hearing May •2.1,• *a!y •2�8; *June 18,1996
Greenleaf Realty Trust
Petition of . . . . . . . . . . . . . . . . .
land on the west side of Chestnut Street
Premisesaffected . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the North Andover Zoning.Bylaw,$tgtjpp,$R5, {punned .Residential •Developmenh)
allow the construction of 11 single family dwellings.
so els to RggRjj . . . .
After a public hearing given on the above date, the Planning Board voted
conditionally S ecial. Permit,
to .approve . . . . . . . .the . . .1? .
based upon the following conditions:
CC: Director of Public works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian , Signed
Assessors
Police Chief Joseph. V., Mahoney..Chairman, , , ,
Fire Chief
Applicant Richard. Rowen., Vice. Chairman. ,
Engineer
File Alison. Lescarbeau: Clerk. . . , ,, , ,
interested Parties
Richard.Nardella. . . , , , , , , , , , ,
John Simons , , . .
. . .planning • B oard
Town of North Andover F NORTH
OFFICE OF 3?O <«ao Ibfb�O0
COMMUNITY DEVELOPMENT AND SERVICES A
146 Main Street
North Andover,Massachusetts 01845 �9ssA04us�t�y
June 19, 1996
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
No. Andover, MA 01845
Re: Woodlea Village/Special Permit PRD
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on March 5,
1996 in the Senior Center behind the Town Building on the
application of Greenleaf Realty Trust, 41 Marbleridge Road, No.
Andover, MA 01845 requesting a special permit under Section 8.5
(Planned Residential Development) of the North Andover Zoning Bylaw.
The legal notice was properly advertised in the North Andover
Citizen on February 14 and February 21, 1996 and all parties of
interest were duly notified. The following members were present:
Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto
Angles, Associate Member and John Simons. Kathleen Bradley
Colwell, Town Planner, was also present.
The petitioner was requesting a Special Permit to allow the
construction of 11 single family dwellings. The site is located on
the west side of Chestnut Street in the Residential - 3 (R-3)
Zoning District.
Woodlea Village - subdivision/PRD
Mr. Rowen read the legal notice to open the public hearing
Steve Stapinski was present and stated that he is proposing an
eleven lot subdivision/PRD on the westerly side of Chestnut Street
opposite Rea Street. This area was previously subdivided into 14
Form A lots with a common scheme of access via common driveways.
Under the proposed PRD access will be via a public roadway. All
PRD lots comply with the zoning, sewer extends cross country from
Route 114 to service the lots; there is water in Chestnut Street
and sidewalks are on one side. ConCom approval is required for
the wetland crossing and work on the site. Lot 1 will be conveyed
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
to the Town, although it is not shown on the subdivision plan—it is
to be added to the plan.
The Planning Board reviewed the ANR plan that was endorsed in 1985.
The lots are "grandfathered" under the 1985 zoning as they were all
held under separate ownership.
David O'Sullivan ,of the MZO Group, was present with the
subdivision and landscaping plans. The entrance will have a 2' to
3' high stone wall with low plantings in front and higher planting
behind the wall. There will be two general house designs with 2300
sq ft of living space. There will be a cluster of trees at each
lot, a street lantern at the edge of each property, and the homes
will be made of wood clapboard.
Mr. Mahoney asked how far the subdivision entrance is from Rea
Street, and Mr. Stapinski replied approximately 650' north of Rea
Street. Mr. Simons stated that he would like the site distance
checked and the information provided to the Board. Mr. Mahoney
asked what is the width of Chestnut Street, and Mr. Stapinski
replied 18' to 221 .
George Perna, Director of DPW, was present. and asked why did the
crossing move from the original proposal in 1990? Mr. Stapinski
replied that the current proposed crossing provides the least
amount of wetland filling. Mr. Perna replied the DPW would prefer
this current location. Mr. Stapinski stated that the sewer line
will be extended to Chestnut Street, and all the homes will have
sprinkler systems. Mr. Simons asked if any of the property was in
the flood plain, and Mr. Stapinski replied yes, at approximately
elevation 236.5. Mr. Rowen asked how large are the lots, and Mr.
Stapinski replied 12, 500 feet.
Discussion continued until April 2, 1996 meeting.
The North Andover Planning Board held a regular meeting on
April 2, 1996. The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member and John Simons. Kathleen Bradley Colwell was
also present.
Mr. Rowen read a letter from the applicant requesting a continuance
until April 16, 1996.
The North Andover Planning Board held a regular meeting on
April 16, 1996. The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member and Alison Lescarbeau. Kathleen Bradley Colwell,
Town Planner, was also present.
Ms. Lescarbeau read a letter from Mike Howard regarding the
wetlands.
Ms. Colwell handed out a letter from Coler & Colantonio regarding
the drainage.
Steve Stapinski was present and stated that the wetland line was
revised per the Con Com. The detention pond on lot 6 has been
relocated to the rear of lots 9 to 11 and connected to the wetland
via a swale. The sewer line was deepened and brought out to
Chestnut Street. Changes have been made to the drainage design
concerning the detention pond. A recalculation was done concerning
the area of upland in the open space, and there is sufficient open
space. Concerning flood plain issues, FEMA has not mapped the
site, mapping ends at the culvert in the street, site slopes down
to Route 114, Planning Board regulations require that FEMA flood
plain information be placed on the map. Regulations do not require
establishing flood plain on or require the applicant to ask FEMA to
calculate numbers. Con Com regulations state that if there is no
FEMA flood plain, then a certain calculation must be made to
determine the flood plain. Tom Neve had determined the flood plain
elevation back in 1989 using a new test. Merrimack Engineering ran
the numbers again and they came out the same at 236.5. FEMA shows
the flood plain at 238. The consultant recommends that the flood
plain remain at 238.
Steve Stapinski stated that he does not think it is necessary to go
to FEMA. The worst case is that 238 is the flood plain level.
He can provide the flood storage compensation that would be
required and has shown that on the plan. Mr. Rowen asked is a
detention pond really needed? Mr. Stapinski replied that a
detention pond is required as there are multiple culverts
downstream. The construction on site cannot raise the peak flow
because it will affect the downstream owners; need to control water
on site.
Mr. Angles asked if the compensatory flood area could be explained.
Mr. Stapinski replied that they will be filling within the 238' in
the area of the cul-de-sac and lot 6. Ms. Colwell stated there is
an issue of roadway length and cul-de-sac location within 25' of
the edge of wetland. Mr. Rowen stated that we should look at
reducing the cul-de-sac size or install a retaining wall. Ms.
Colwell will review these issues with DPW. .
Tom Laudani stated that the MZO Group will do the architectural
design, it will be a combination between Cobblestone and Phillips
Common with a subtle entrance with a fieldstone wall and no fences.
They will provide architectural renderings of proposed homes.
Ms. Lescarbeau had a question regarding the ownership of PRDs. Why
should the Town own open space? It is not usable due to the amount
of wetland areas. Consensus of the Board is that homeowners
association own the open spaces. Mr. Rowen recommended providing
some side set backs between the houses if possible.
A site walk is scheduled for April 20, 1996 at 8: 00 a.m. at
Chestnut Street.
The Planning Board continued the public hearing to May 21, 1996.
The North Andover Planning Board held a public hearing on May
21, 1996. The following members were present: Joseph V. Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alberto jingles, Associate
Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella.
Kathleen Bradley Colwell, Town Planner, was also present.
This is a continuation of the public hearing. Tom Laudani and
Steve Stapinski were present. Mr. Stapinski presented revised
plans for the subdivision which eliminate the detention pond on lot
6, placing it now in the rear of lots 8 through ll. The new plan
also shows the water main looping out onto Route 114, which was
DPWs request. Ms. Colwell stated that the detention pond location
needs to be talked about. Con Com was adamant regarding changing
the location of the pond. Mr. Stapinski stated that the soils are
upland, and Mr. Laudani stated that he would plant 10' tall pine
trees to disguise the detention pond. Mr. Simons stated that he
wants more information on the open space plan. Mr. Nardella stated
that the original plan was for 14 Form A lots, now how many lots
are available to be built on? Mr. Laudani replied 11 subdivision
lots and 1, possibly 2, Form A lots. The maximum density will be
12 total lots, one of the Form A' s may be given to the Town in open
space. There was much discussion regarding the density of the
subdivision, and Mr. Laudani stated he was very frustrated, has
worked very hard with Con Com, and now the density question is
being brought up again! Mr. Mahoney asked why must the detention
pond be located there? Mr. Laudani replied it' s not gigantic, it' s
the most logical spot, it satisfies Con Com, we' re lessening the
density and we will screen it. Mr. Rowen stated that he has a
problem with homes located on the lot lines, he suggested moving
the homes on lots 1 and 3 away from the lot lines. Mr. Laudani
stated we will do it wherever we can.
Ms. Colwell stated that the applicant is looking for a waiver in
the cul-de-sac size, and DPW supports it. Mr. Rowen asked Mr.
Stapinski what he thought of an infiltration system instead of a
detention pond? Mr. Stapinski replied that it could be done. Mr.
Nardella stated that he would like to see curbing around the cul-
de-sac to prevent cars from parking on it. Mr. Nardella asked how
large is the detention area and Mr. Stapinski replied 90' by 20' .
Mr. Angles and Mr. Simons would like to see the detention pond
moved back, Mr. Rowen stated that if it is disguised it is ok where
it is, and Ms. Lescarbeau would like to see it in the island piece.
Mr. Stapinski to write a letter to Ms. Colwell regarding the
detention pond and its location.
Continued until May 28, 1996 meeting.
The North Andover Planning Board held a public hearing on May
28, 1996. The following members were present: Joseph V. Mahoney,
Chairman, Alberto Angles, Associate Member, Alison Lescarbeau,
Clerk, Richard Nardella, Richard Rowen, Vice Chairman and John
Simons. Kathleen Bradley Colwell, Town Planner, was also present.
Continuation of the public hearing.
Steve Stapinski and Tom Laudani were present. Mr. Stapinski
presented the Board with three potential locations of the detention
pond and their advantages and disadvantages:
A. On lots 9, 10, 11
B. On lot 6
C. On lots 3, 4, 5
Assuming equal rating of each advantage versus disadvantage,
location A (lots 9, 10, 11) was recommended.
There was a brief discussion among the Board members and the
consensus was that lots 9, 10, 11 was acceptable for the detention
pond provided screening was provided. A landscape plan prepared by
a landscape architect must be submitted to the Planning staff for
review.
On a motion by Ms. Lescarbeau, seconded by Mr. Nardella, the Board
voted unanimously to close the public hearing and directed staff to
draft a decision.
It was suggested to Mr. Stapinski that he move the homes away from
the lot lines prior to the Board endorsing the plans.
The North Andover Planning Board held a public hearing on June
18, 1996. The following members were present: Joseph V. Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate
Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella.
Kathleen Bradley Colwell, Town Planner was also present.
Ms. Colwell had a draft decision was ready for the Board to
discuss. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the
Board voted unanimously to approve the special permit as amended.
Attached are those conditions.
Sincerely, RF
Joseph V. Mahoney, Chairman
North Andover Planning Board
Y
Woodlea Village
Special Permit-Planned Residential Development
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision Approval for an eleven (11) lot
Planned Residential Development(PRD) known as Woodlea Village. This application was submitted
by Greenleaf Realty Trust, 41 Marbleridge Road,North Andover, MA 01845 on February 12, 1996.
The area affected contains approximately 676,797 square feet of land in a Residential -3 Zone off of
Chestnut Street. The property is owned by Dogwood Realty Trust, Redwood Realty Trust, and
Dayrunner Realty Trust.
The Planning Board makes the following.findings:
A. The specific site is an appropriate location for a Planned Residential Development as there is a
significant wetland resource area surrounding the buildable portion of the site. The plan is based
upon a previously approved FORM A plan with a previously approved wetland crossing from the
Conservation Commission and a series of previously approved common driveways. The Planned
Residential Development avoids a series of common driveways and reduces the wetland crossing
required.
B. The use as developed will not adversely affect the neighborhood as this site is located in a
Residential-3 zoning district.
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 Planned
Residential Development 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, by eliminating conflicting and confusing common driveways, and by
limiting the amount of wetland filling required to access the site;
B. Encourage the preservation of open space. The applicant has provided approximately 471,510
square feet(10.8 acres)ofthe property as Open Space;
C. Permit greater flexibility and more attractive and efficient design of residential development;
D. Meet the Town's housing needs by promoting a diversity of housing types.
The Planning Board finds that a base density of 11 house lots is appropriate for the Planned Residential
Development. This number of lots has been determined from a FORM A plan endorsed by the
Planning Board on April 24, 1985. There have not been any changes to the lot area requirement. The
contiguous buildable area requirement does not apply to these lots as they were created prior to April
28, 1986. The lot width requirements and other lot shape restrictions do not apply as these lots were
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created prior to May 1, 1995 . The access across street frontage and frontage exception requirements
do not apply as these lots were created prior to May 1, 1995 are held in separate ownership. The
Planning Board was directed by prior court action to approve common driveways for this project.
Therefore the density of eleven(11)homes is appropriate.
Finally, the Planning Board finds that the Planned Residential Development complies with Town Bylaw
requirements so long as the applicant complies with the following conditions:
1. The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. The Environmental
Monitor must be available upon four (4) hours notice to inspect the site with the-Planning
Board designated official. The Environmental Monitor shall make weekly inspections of the
project, meet monthly with the Town Planner and file monthly written reports to the Board
containing construction updates and any areas of non-compliance with the plans and conditions
of approval.
2. It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways, except
as normally ancillary to off-site sewer and other off-site construction. Off-site erosion will be a
basis for the Planning Board making a finding that the project is not in compliance with the
plan.
3. Prior to endorsement of the plans by the Planning Board and recording with the Registry of
Deeds the applicant shall adhere to the following:
a) The applicant shall post(per agreement with the North Andover Planning Board)a Site
Opening Bond in the amount of$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 escrow account. This amount shall cover any
contingencies that might affect the public welfare such as site-opening, clearing,
erosion control and performance of any other condition contained herein, prior to the
posting of the Performance Security as-described in Condition 3(d) of the Definitive
Subdivision Conditional Approval. This Performance Guarantee may at the discretion
of the Planning Board be rolled over to cover other bonding considerations,be released
in full, or partially retained in accordance with the recommendation of the Planning
Staff and as directed by the vote of the North Andover Planning Board.
b) All designated open space parcels shall be owned by a Homeowners Association in
trust. 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 in 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. The land
must be transferred by the time the final security for this site is released.
4. Prior to Construction:
a) All erosion control measures as shown on the plan must be in place and reviewed by
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the Planning Department.
5. Prior to releasing individual lots from the statutory covenants, the conditions outlined in the
Woodlea Village Definitive Subdivision Conditional Approval must be followed.
6. Prior to FORM U verification for an individual lot, the conditions outlined in the Woodlea
Village Definitive Subdivision Conditional Approval must be followed.:
a) The Planning Board approves the sample house designs as presented. and prepared by
Miquell,MZO Group for Woodlea Village.
7. Prior to Planning Board verification of the Certificate of Occupancy, the conditions
outlined in the Woodlea Village Definitive Subdivision Conditional Approval°must be followed.
8. Prior to the final release of security, the conditions outlined in the Woodlea Village
Definitive Subdivision Conditional Approval must be followed.
9. 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.
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 on d0 /1 8 (two years
from the date permit granted) unless substantial construction roadway and utilities has
commenced.
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:
Plan titled: Special Permit and Definitive Plan
Woodlea Village,North Andover,Mass
Owner&Developer: Greenleaf Realty Trust
Marbleridge Road
North Andover,MA
Scale: Noted
Date: January 15, 1996;rev. May 1, 1996,as further revised per condition I
of this decision
3
f
J
Sheets 1 through 8
Report titled: Woodlea Village,North Andover,Massachusetts-Drainage Report
g P
Dated: January 29, 1996;Revised 4/2/96
Prepared for: Greenleaf Realty Trust
Marbleridge Road,North Andover,Massachusetts
Prepared by: Merrimack Engineering Services,Inc.
Park Street
Andover,Massachusetts 01810
Memorandum Re Woodlea Village
To: Kathleen Bradley Colwell,Town Planner
From: J. William Hmurciak
Date: May 21, 1996
Letter: Review of Woodlea Village
To: Michael Howard, Conservation Commission
From: John C. Chessia,P.E.;Coler&Colantonio
Dated: May 21, 1996
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Woodlea Village PRD
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