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HomeMy WebLinkAboutMiscellaneous - Exception (207)i �f 11/17/00 Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk NOTICE OF DECISION Telephone (978) 688-9535 Fax (978) 688-9542 Date: November 17, 2000 Date of Hearing: October 3, 2000, October 17, 2000 and November 14, 2000 Petition of Tara Leigh Development, LLC 185 Hickory Hill Road, North Andover, MA 01845 Premises affected: Renshaw Property -Bradford Street C= 0 z 0 J Referring to the above petition for a Watershed Protection District Special Permit. The application was noticed and reviewed in accordance with the procedures for approval described in Section 4.136, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. So as to allow: certain work related to the development of a seven lot residential subdivision within the Non -Discharge and Non -Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the watershed special permit, based upon the following conditions: CC: Applicant Engineer Signed 6_�,�a' Ut Alison Lescarhean, Chairman John Simons, Vice Chairman Alberto Anglers, Clerk Richard Nardella Richard Rowen William Cunningham 1 BO.�RD t i .`. PE `T S 648-95 11 81 3LDING 658.9515 COi�'•SERV.kT ION 6S$-9530 HEr`L H 6S3-95-0 PLAIiJ iNu oS° �,-,53 11/17/00 Lots 1-7 Hawk Ridge Road Special Permit - Watershed Protection District The Planning. Board, by unanimous vote, hereby grants the Watershed Protection District Special Permit, and makes the following findings based on the application of Tara Leigh Development Corporation, LLC, 185 Hickory Hill Road, North Andover, MA 01845, who submitted this application on September 1, 2000. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected is located off Bradford Street in the R-1 Zoning District and is identified in the Assessor's Map and Parcel Numbers shown on the plans cited in Special Condition #I below. The applicant is requesting a watershed special permit to permit certain work related to the development of a seven lot residential subdivision shown on the plans in Special Condition #1 below within the Non -Discharge and Non -Disturbance Buffer Zone of the Watershed Protection District. Specifically, work within the Non -Disturbance Zone will include stormwater management including surface and subsurface discharge, drainage pond outlet, and associated grading. No homes, impervious areas or driveways of any kind have been proposed within this zone. Work within the Non -Discharge Zone will include the roadway (Hawk Ridge Road), driveways, homes, utilities, associated fieldstone walls and site grading. Additional work in the Non - Discharge Zone includes stormwater management as surface and subsurface discharge, drainage pond outlet and associated grading. FINDINGS OF FACT: In accordance with Section 4.136 of the Zoning Bylaw, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Beard bases its findings on the following facts: a) The proposed dwellings will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct the structures and appurtenances; e) A construction phasing plan and emergency response plan are provided. 2. There is no reasonable alternative location outside the Non -Disturbance Buffer Zone and Non - Discharge Zone for any discharge, structure or activity, associated with the proposed project. All homes, impervious areas and utilities are shown in areas that are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The stormwater management facilities have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings - 1 11/17/00 a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lots are located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw since the use meets all the performance standards and criteria of the Zoning Bylaw described above. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Hawk Ridge Subdivision Bradford Street North Andover, Massachusetts 01845 Assessors Map 62, Lot 5, Assessors Map 61, Parcel 9, Assessors Map 61, Parcel 81, Assessors Map 61, Parcel 82 Dated: October 18, 2000, revised October 24, 2000 Applicant: Tara Leigh Development, LLC Civil Engineer: MU Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Sheets: 1-26 Scale: 1"=40' b) Plan titled: Hawk Ridge PRD Special Permit Streetscape and Buffer Plan, Lighting Facilities Plan, Landscape Details, Proposed Wildlife Pond, Conservation Commission Details North Andover, Massachusetts 01845 Dated: October 25, 2000 Applicant: Tara Leigh Development, LLC Sheets: 1-5 Scale: 1"=50' Landscape Architect: Huntress Associates, Inc. Landscape Architecture & Land Planning 17 Tewksbury. Street Andover, MA 01810 11/17/00 C) Report titled: Stormwater Management Report for Hawk Ridge Subdivision, Bradford Street North Andover, MA 01845, MHF #103100 Prepared by: Mf -IF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Dated: August 31, 2000, Revised October 20, 2000 d) The Town Planner shall approve any insubstantial changes made to these plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination of whether such changes would merit a public meeting or hearing and/or modification of the Special Permit by the Planning Board. 2) Prior to any work on site: a) A performance guarantee of ten thousand dollars ($10,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. fl A construction phasing plan and emergency response plan are required to be provided to the Town Planner prior to any construction commencing. 3) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 11/17/00 4) Upon application of building permit: The applicant shall adhere to the following requirements of the Fire Department and the Building Department: a) All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 5) Prior to verification of a Certificate of Occupancy - a) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 6) After conveyance of each Residential Lot: a) The Town Planner shall be provided with a copy of the deed to each residential lot which shall include a deed restriction which provides that no pesticides, fertilizers or chemicals shall be used in lawn care or maintenance for that lot. 7) Prior to release of the Performance Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan - b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 8) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 1. 9) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 11) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11/17/00 12) This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial use or construction has co enced. cc: Applicant File TOWN OF NOItT11 AN DOT4It H A S S A C H U S E T T S Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. M0RI 0� � 70 NOTICE OF DECISION J March 8, 1991 Date.- „ Date of Hearing ,.MArch 7. 1.9'91:... Petition Of George• R. Barker, Jr. . ............ . • • • • , • . .. • .. Premises affected ,ioeated, pp. the,Ngrtth ,side of tarker Street , ... • . Referring to the above petition for a special permit from the lry.yizcr!et�13 of the . Vv1;th .Andover. 7-pnjuQ.4Ylaw .:.SggtipA 33.5. . *Qdtf ig4t;�gi4 .-. P] am�� � .ties itis}t=i al Development (PRD). SO as t0 permit At}e reductipp. in. thg . }umber of, dwelling, units .from S6 to . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning vuleci CONDITIONALLY tO APPROVE......... the . Special. Permit .Mod!.£i.ca Uon................... ....... . CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessros Police Chief Fire CHief Applicant Engineer File Interested Parties based upon the fullo�vijlg cvj►(:litioiis : Signed GeoLge .R.. Perna,. Jr., . Chairman ... ;IpppPli. .......... John. Draiper..................... Richard Nardella ............................. K kREN H.P. NELSION Director BUILDING CONSERVATION PLANNING OF ?�n Town of NORTH ANDOVER @e4CMUst4 DIVISION OF �y- • PLANNING & COMMUNITY DEVELOPMENT Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Long: March 8, 1991 (508) t32-6983 Re: Special Permit i .J-) Modification -.Hickory Hill Estates The North Andover Planning Board held a public hea.ring on March 7, 1991 upon the application of George R. Barker, Ji., 1267 Osgood Street, North Andover, MA., requesting modification; to an approved Special Permit, dated September 23,1988, for Hickory Bill Estates PRD (Planned Residential Development under Section 8.5 of the North Andover Zoning Bylaw). The public hearing was duly advertised in the Lawrence Eagle Tribune on February 21 and February 28, 1991 and all parties of interest were duly notified. The following members were present and voting: George Perna, Chairman, John Draper, Joseph Mahoney and Richard Nardella. John Simons was absent. The petitioner seeks an approval to modify the special permit by reducing the number of dwelling units from 56 to 40 dwelling units. The premises affected are located on the North side of Barker Street in a Residential 1 (R-1) and Residential 2 (R--21) Zoning District on approximately 84 acres. Richard Nardella read the legal notice to open the public - hearing. Christian Huntress stated that this project was, oricjin---lJ.ly approved through the Special Permit process in Septi-ml'er of 1:!3;'. The original approval called for construction of 56 d,,7, l lirlcf ur:it- in a site planned PRD or condominium style development. Directly after the approval of the original Special Permit the appl i(,;_,nt constructed part of the roadway and all utilities. Mr. Huntress' went. on to say that due to the nature of the economy at the present time the condominium sc1r111e Baa:: not feasible. The applicant has redesigned the project as a Subdivision PRD with half acre lots and 100 feet of frontage. 1'1,i.:; type of PRD is allowed through Section 8.5 of the Zoning D,,, -law and is the subject of the modification before the Board this evening. Page 2: George Perna asked if the Technicai Review Co-mmi.tt:-: reviewed the modification. Christian Huntress stated that t:11- had reviewed the proposed changes and found that this modiiic,,L:i.o„ was a down scale in overall project development. The drainalgi.- structures, roadways, and all utilities designed for the original approval would be more than adequate to provide service to the PIRD as modified in this application. This modification will. create less of a traffic impact, sewage output and overall dependance. iy,l town services than the previous configuration. Mr. Alfred Shaboo of Design Engineering was preseIc representing Mr. Barker. Mr. Shaboo reviewed concerns crhich lead been previously raised by staff and they are as follows: 1. It is the Town's intention that this roadwlay shau]d remain as a private way. Please present draft de�.-.,1 restrictions which would address this concern. 2. Through the initial approval of this PRD the Planning Board reviewed and approved proposed facades for t.ti+, dwelling units. In an effort to retain architectural unity the Board would like to have the applicant dY.-:f.t- restrictive covenants which will focus the house d1'sigi. to a specific form and style of architecture. Thesf: covenants should be enforceable by the applicant at thy- time of construction. 3. A question has been raised as to whether an applical-ion for approval of a Definitive Subdivision will be required to create the lots as shown on the modified site plan. I have requested that Town Counsel review this issue and report to the Planning Board. 4. A "No Cut Line" should be shown on the plans. Th3ss 1.ine should be placed just outside the limit of work nece�-�ary for the construction of the roadway, dwellings and all clearing associated with drainage. Mr. Huntress presented the Board with a draft set of twenty four conditions prepared by Staff. Mr Shaboo stated that he has presented draft covenants:> a� requested to Staff. Christian Huntress stated that Town Counsel will review the documents and report to the Planning Board. Ally conditional approval granted could condition that these docufnent- - be approved in form by the Planning Board prior to final release. Page 3: Christian Huntress stated that Counsel has verbal..y aclvise(i Board to require a Definitive Subdivision Application for recording purposes. The creation of individual lots can only he recorded through a Definitive Subdivision or an Approval Not. Required application. Therefore, the filing of a Definitive Subdivision application shall be required. George Perna questioned the cul-de-sac which is shown on t-lxe plans for phase one of this modification. Alfred Shaboo stated that this is a temporary structure which will be removed when phase two is constructed. Mr. Perna expressed his concerns that the cul - de -sac should remain to provide parking for residents who dish to use the access to Mazurenko Farm located directly off the roadway at this location. Mr. Shaboo told the Board that the land on which the cul-de-sac is located will become part of a buildable lot in phase two of this modification. The Board asked that the possibility of parking be reviewed and finalized at the time of the Definitive Subdivision hearing. Mr. Shaboo reviewed the no cut line and stated that the lint is established as the Board had asked. Joseph Mahoney expressed concern with the protective covenant. drafts presented. Christian Huntress stated that the covena=its will be submitted to Counsel for final review and approval. Mr. Mahoney also asked why condition number 17 referred to Chapter 61A. Mr. Huntress stated that this property was receiving protection under 61A as an agricultural use and that development of this parcel will require that the applicant follow all guidelines associated with that statute. George Perna then asked for any public input or concern. 11r. Shaboo questioned the need for condition number 10d. Cori. s ti an Huntress informed the Board that this was a condition of the original Special Permit approval granted on September 23, 1988. At the time, Chief Dolan of the NAFD, had recommended the use of residential fire sprinklers. The Board was unwilling to waive this requirement without input from the Fire Department. t -1r. Shaboo stated that he had no real problem with the condition but felt he had to ask the Board to at least consider removing this item from the conditions. The Board did not remove this condition. At this time Christian Huntress asked the Board to make thf� following amendments to the draft conditions: a. Condition number 19 add the following wording: "'file covenants as listed in this condition and c­,undition number 18 shall be approved in form by the Planning Board prior to endorsement of the Definitive Subdivision ai, referenced in condition number 25." Page 4: b. Condition number 25 shall be added which reads follows: "The applicant shall apply for a Definit7,T( Subdivision showing lots conforming with dimensional requirements found in Section 8.5 of the Zoning Bylaw." C. Condition number 26 shall be added which reads as follows: "Construction shall commence within two (2) years and be completed within five (5) years from the date of this approval." George Perna asked if there was any further input from eith 1, the applicant or the public. Upon receiving no further input Ili. Perna asked the Board for a motion to close the public hearing. On a motion made by Richard Nardella, and seconded by John Draper, the Board voted unanimously, including the Chai-.rman, to close the public hearing and take the matter under advisement. On a second motion made by Joseph Mahoney and seconded 1.)-� Richard Nardella, the Board voted unanimously, including the Chairman, to approve the modification of the original Special Permit issued on September 23, 1988 for Hickory Hill Estates, with conditions as drafted by Staff and amended by the Planning Board. Attached are those conditions. Sincerely,) �e`oreeriia,"r. , `� Chairman CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors 'Police Chief Fire Chief Applicant Engineer File HICKORY HILL ESTATES, PRD MODIFICATION Special Permit Modification. The Planning Board herein modifies the original Special. PC-Irmit issued for Hickory Hill Estates, dated September 23, 1988. The Planning Board makes the following findings regarding this Special Permit Modification as required by sections 8.5, 10.3 and 10.31 of the North Andover Zoning Bylaw: A. The specific site is an appropriate location for such Use, structure or condition; B. The use as developed will not adversely affect the 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. E. The application before us is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes the findings under Section 8.5 of the Zoning Bylaw that this PRD is in harmony with the general. purpose and intent of the Bylaw an(3 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 general welfare of the citizens of the Town of North Andover which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning Districts in which the parcel is located. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features; B. Encourage the preservation of open space; C. Protect waterbodies and supplies, wetlands flood plains, agricultural lands, wildlife, and other natural resources including maintaining the quality of water contained in Lake Cochichewick. D. Permit greater flexibility and more attractive, efficient, and economical design of residential developments; E. Facilitate economical and efficient provision of utilities; F. Meet the Towns housing needs by promoting a diversity of housing types. Finally, the Planning Board finds that the PRD complies with Town► Bylaw requirements so long as the following additional conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the PRD as specified in this Special Permit Modification before us the Planning Board herein grants this modification provided the following conditions are met: 1. This approval is for work to take place within phase one:of. the proposed PRD as modified herein and shown on the following plans: Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS HICKORY HILL ESTATES.- P.R.D. (APPROVED) NORTH ANDOVER, MASSACHUSETTS 01845 Dated: FEBRUARY 1, 1991 Revised: FEBRUARY 25, 1991 Prepared By: DESIGN ENGINEERING P.O. BOX 516 NORTH ANDOVER, MA. 01845 TELE. (508) 683-3893 Client: GEORGE R. BARKER JR. 1267 OSGOOD STREET NORTH ANDOVER, MA. 01845 Sheets: ONE THROUGH FIVE (1 - 5) 2. Conditions one (1) through seven (7) as listed in the original Special Permit, approved 9/23/88, shall remain in full force and effect. The extent and natural of the Perpetual Conservation Restriction shall remain as origi=dally approved. 3. In order to meet the boards goal of minimizing site disruption, visual impact of the project and soil erosion on the hilly site, a no cut line has been placed upon the revised plans. Any clearing beyond the limits of the no cut line shall be subject to reforestation under section 5.8 of the North Andover zoning Bylaw. 4. In the proposed phase two (2) of this modification which must also come before the Planning Board, the applicant shall provide an easement to the Town of North Andover to allow for access to public lands located at the Mazarenko Farm. The easement shall be 10' wide and indicated on the plan with the following language: "A public access easement granted to the Town of North Andover to.allow for access to public lands located at the Mazarenko Farm." An easement document shall be prepared by the applicant at the time of filing for phase two (2) of this PRD and.that document shall be recorded with the registry of deeds. 5. A 50' wide buffer area shall be provided from the perimeter of the parcel line which contains the proposed construction, as required by Section 8.5 6(d). No pavement, cutting or. grading shall be allowed in this buffer area. 6. A 20' wide sewer and water easement to allow the extension of these services to the land N/F of Carter shall be shown on the plan in accordance with the requirements of the Division of Public Works. 7. The roadway and driveway shall not exceed grades of ten percent (10%). The board shall allow these steep grades in ai-► effort to minimize the disruption of the existing contours of. the land. 8. The applicant shall adhere to Section 4.2 (Phased Development) of the existing bylaw. 9. Any action by a Town Board, Commission or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, or changes in the grading, no cut line or perpetual conservation restriction shall be resubmitted to the Planning Board for review. 10. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is permitted by permit only after. consultation with the Fire Department. b. Underground fuel storage will only be allowed in accordance with Town Bylaws and State Statute and only with the review and approval of the Fire department and Conservation Commission. C. Lot numbers are to be posted clearly during construction and permanent house numbers prior to occupancy. d. All structures shall be required to -contain residential fire sprinklers systems in conformance with the North Andover Fire Department. 11. The applicant shall adhere to the following requirements of the Police Department: a. Adequate site distance shall be maintained at the exit of the project onto Barker Street. b. Appropriate signs shall be placed on Barker Street informing motorists of the intersection. c. A "STOP" sign shall be placed as the proposed roadway exits onto Barker Street. 12. There shall be no burying or dumping of construction material on the site. Also, there shall be no burying of tree stumps in the Watershed District. 13. All lighting for this project shall be reviewed by the Planning Board. 14. The public access easement shown on the plans shall be adequately marked with wood poles starting at its barker street entrance. These markings shall be in the form of wooden poles placed every 500 feet along the roadway. These poles shall be 4 feet in height and shall contain the following language: "Public access to Mazarenko Farm, Town of North Andover." Other language as approved by the North Andover Conservation Commission may be used. The purpose of this condition is to notify the citizens of the community of the existence of the access easement and help guide their journey to Mazarenko Farm through this project. 15. Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw. 16. The applicant shall provide a water connection'to French Farm Village Subdivision in accordance with the standard of the N.A.D.P.W.. The applicant shall provide signed easements including those from abutting property owners. 17. Prior to the sale or development of the project, the applicant shall adhere to the requirements of M.G.L. Chapter 61A. 18. In no instance shall the proposed roadway be deemed as a public way, accepted by the Town or receive Town services such as plowing or trash pickup. All Emergency services such as fire and police shall be afforded to this roadway. The applicant shall record restrictive covenants for each individual lot which states that the property fronts on a private way and as such the property owners shall be responsible for roadway maintenance, plowing and trash pickup. 19. Due to the nature of the PRD bylaw the applicant shall record restrictive covenants which will insure that the architectural style of the proposed structures shall be uniform in design. 20. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 21. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 22. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 23. Prior to a Certificate of Occupancy being issued for any structure on this lot, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 24. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board . on Definitive Subdivision Plan entitled: . Definitive Cluster Subdivision of'Hickory Hill Estates .F $y= Design Engineering/Scott L. Giles RLS dated March 11, 199 �Fi 19-.�:-,!I1 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- division, all as provided by G.L. c. 41t 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 14 CONDITIONS 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: _ March 28, 1991 FORTH P'2 KING 0ARD • George D. eerna, Jr., Charman By -- HICKORY HILL DEFINITIVE SUBDIVISION CONDITIONAL APPROVAL. (1) There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be thy} developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification to the Department of Public Works by a Certified Professional Engineer shall be required prior to the issuance of a certificate of occupancy. (2) All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any lot release. (3) An as -built plan and profile shall be submitted for review. and approval. A certified interim as -built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. (4) All Planning Board order of conditions are to be placed upon the recorded Definitive Plan, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. (5) All lots shall have received all necessary permits and approvals from the North Andover Board of Health and Conservation Commission. (6) All catch basins shall be protected with hay bales to prevent siltation into the drain lines during road construction. (7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. (8) No underground fuel storage shall be installed except as may be required by Town Regulations. (9) Lot numbers shall be posted prior to any lot receiving a permit to build (10) Permanent house numbers will be posted on dwellings prior too occupancy. (11) All lots shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. s (12) Prior to construction, a stop sign shall be placed at the intersection of Barker Street and the proposed access road. Per order N.A.P.D. (13) This Definitive Subdivision approval is based upon a Special Permit Modification granted under section 8.5 of the North Andover Zoning Bylaw, dated March 11, 1991. The Special Permit Modification is based upon the following plans: Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS HICKORY HILL ESTATES - P.R.D. (APPROVED) NORTH ANDOVER, MASSACHUSETTS 01845 Dated: FEBRUARY 1, 1991 Revised: FEBRUARY 25, 1991 Prepared By: DESIGN ENGINEERING P.O. BOX 516 NORTH ANDOVER, MA. 01845 TELE. (508) 683-3893 Client: GEORGE R. BARKER JR. 1267 OSGOOD STREET NORTH ANDOVER, MA. 01845 Sheets: ONE THROUGH FIVE (1 - 5) Any changes to the above referenced Special Permit Modification or the record plans may be subject to Modification under Chapter 41 of the Massachusetts General. Laws. (14) The following plans shall be deemed as part of this decision: Plans entitled: DEFINITIVE CLUSTER SUBDIVISION OF HICKORY HILL ESTATES - P.R.D. MODIFIED. Drawn for: GEORGE R. BARKER, JR. 1267 OSGOOD STREET NORTH ANDOVER, MA. 01845 Dated: MARCH 11, 1991 Prepared by: DESIGN ENGINEERING P.O. BOX 516 NORTH ANDOVER, MA 10845 SCOTT L. GILES, R.L.S. 50 DEER MEADOW ROAD NORTH ANDOVER, MA. 01845 cc: Director of Public Works Board of Public works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File :# TOWN OF N011TI1 AN 1)O'V41t �- ' ,1�" ,�pRTI. ' , Al 01 Any appeal shall be filed within (20) days after theD� :. opt n 7 nie Lorg, date of filing of this Notice �., .. •:;y i'own Clerk in the Office of the Town Clerk. NOTICE OF DECIS1014 ATTEST: A True Copy r �y Gy March 8, 1991 Town Clerk Date............................. Date of Hearing • . M11rch 7, 1991. . Barker Petition of .. George...... ............•.••.•..••.•.•.•••••..••..•.•••• • . Premises affected .]Acepted. pp. thg.North ,side of Barker, Street, , . , , , • , . • .... , . . Referring to the above petition for a special permit from ti►e i-e(p6reme.((t.s of the Development (PRD). so as to permit .t)Ie reductipp, in, the .t}tunber of, dwelling, enits ,from ,5G to, 4p,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Plaiicihig Board voted CONDITIONALLY to APPROVE ......... tile . Special. Permit .Modi.f_Lcaf_; on ............................. CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessros Police Chief Fire CHief Applicant Engineer File Interested Parties based upon the folloWhig conditions: Signed i Geozge, It.. Perna,. Jr., . Chairman ... Jo.Seph. t409inY .................. John .Draper..................... Richard Nardella KAREN H.P. NEI -SON Town of D`'Y`10' - NORTH ANDOVER BUILDING�' ab sQ�� DIVISION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, HA 01845 Dear Mr. Long: 120 iM,'ilit (508) 682.6183 March 8, 1991 Re: Special I'r"::lit 11;i+ Hodification lli(�.l:Ory If'i l l Estates The North Andover Planning Board held a pulili.c March 7, 1991 upon the application of George R. Barker., Osgood Street, North Andover, I -IA., requesting moditic:atic1l,:-' t;.: _:Il approved Special Permit, dated September 23, 1988, jr-.r Hickory '! 1 1 Estates PRD (Planned Residential Development undccr SQction f,.': of .the North Andover Zoning Bylaw) . The public hearing �i_ts dl.,ly advertised in the Lawrence Eagle Tribune on February 21 ,)d February 28, 1991 and all parties of interest were duly nor.if.i•:,i. The following members were present and voting: Gf_orge Chairman, John Draper, Joseph Mahoney and Richard Nardella. J, -)I,:, Simons was absent. The petitioner seeks an approval to modify the spec_ [.-il I ::: i t. by reducing the number of dwelling units from 56 to 40 dwelling units. The premises affected are located on the Ilc tll s_ i:l of Barker Street in a Residential 1 (R-1) and Residential 2 (R-2) Zoning District on approximately 84 acres. Richard Nardella read the legal notice to open the public hearing. Christian Huntress stated that this project Qr i'ii II.. -Illy approved through the Special Permit process in September of 1.988. The original approval called for construction of 56 dwelling ul:its in a site planned PRD or condominium style development. Directly after the approval of the original Special Permit the aI)l)l it�allt constructed part of the roadway and all utilities. Mr. Huntress went on to say that due to the nature of t11- economy at the present time the condominium scheme "W-` 111;t feasible. The applicant has redesigned the project as a Subdivision PRD with half acre lots and 100 feet of trontacle. 1'lai.s type of PRD is allowed through Section 8.5 of the Zoning Bylaw incl is the subject of the modification before the Board this ev,'Ili1I(J. Page 2: George Perna asked if the Technical Review Cowmitt,:P- .11ad reviewed the modification. Christian Huntress stated that the TRC had reviewed the proposed changes and found that this inodification was a down scale in overall project development. The drainage structures, roadways, and all utilities designed for the original approval would be more than adequate to provide service to the PRD as modified in this application. This modification will create less of a traffic impact, sewage output and overall dependance oil town services than the previous configuration. Mr. Alfred Shaboo of Design Engineering was present representing Mr. Barker. Mr. Shaboo reviewed concerns which had been previously raised by staff and they are as* follows: 1. It is the Town's intention that this roadlaay shn'111-1 remain as a private way. Please present draft deed restrictions which would address this concern. 2. Through the initial approval of this FRU the Planning Board reviewed and approved proposed facades for the dwelling units. In an effort to retain architectural unity the Board would like to have the applicant draft restrictive covenants which will focus the house design to a specific form and style of architecture. These covenants should be enforceable by the applicant at the time of construction. 3. A question has been raised as to whether an application for approval of a Definitive Subdivision will be required to create the lots as shown on the modified site pian. I have requested that Town Counsel review this issue and report to the Planning Board. 4. A "No Cut Line" should be shown on the plans. This line should be placed just outside the limit of work necessary for the construction of the roadway, dwellings and all clearing associated with drainage. Mr. Huntress presented the Board with a draft set of tWetlty four conditions prepared by Staff. Mr Shaboo stated that he has presented draft covenants as requested to Staff. Christian Huntress stated that Town Counsel will review the documents and report to the Planning board. Any conditional approval granted could condition that these documents be approved in form by the Planning Board prior to final release. Page 3: Christian Huntress stated that Counsel has verbally <<_Ivi:.:•.:.i t _ Board to require a Definitive Subdivision Application for ret<•:•:tlr!g purposes. The creation of individual lots can only through a Definitive Subdivision or an Approval Not. kequir-_d application. Therefore, the filing of a Definitive 'Subdivi•ion application shall be required. George Perna questioned the cul-de-sac which is shov.n )n th;2 plans for phase one of this modification. Alfred Shaboo that this is a temporary structure which will be remov: d krlien two is constructed. Mr. Perna expressed his concerns th;tt the de -sac should remain to provide parking for re -:idents whij Irish t.o use the access to Hazurenko Farm located directly off the roadwa at this location. fir. Shaboo told the Board that thi(� hirli the cul-de-sac is located will become part of a build' -dile .lot i!i phase two of this modification. The Board asked that: r..!�• possibility of parking be reviewed and finalized at the time of tl:•: Definitive Subdivision hearing. Mr. Shaboo reviewed the no cut line and stated that the ling_ is established as the Board had asked. Joseph Mahoney expressed concern with the protecti =❑ant drafts presented. Christian Huntress stated that the. covenarnt.s will be submitted to Counsel for final revie;r: and approval. llr. Mahoney also asked why condition number 17_ referred to chapter 611?. er Mr. Huntress stated that this property as receiving protectl^n under 61A as an agricultural use and that development of this parcel will require that the applicant follow all gui.delin-s associated with that statute. George Perna then asked for any public input or concern. lir. Shaboo questioned the need for condition number 10d. C11ri..'tin11 Huntress informed the Board that this was a condition ::f the original Special Permit approval granted on September 23, 1988. At. the time, Chief Dolan of the NAFD, had recommended the.use of residential fire sprinklers. The Board was unwilling to waive this requirement without input from the Fire Department. lir. Shah..••;, stated that he had no real problem with the condition but felt he had to ask the Board to at least consider removing this item from the conditions. The Board did not remove this condition. At this time Christian Huntress asked the Board to make the following amendments to the draft conditions: a. Condition number 19 add the following wording: "The covenants as listed in this condition and condition number 18 shall be approved in form by the Planning prior to endorsement of the Definitive Subdivision a,: referenced in condition number 25." Page 4: b. Condition number25 reads follows. The app licantall shalbe appdyd for lah Definitive Subdivision showing lots conforming 'with dimensional requirements found in Section 8.5 of the Zoning Bylaw." c. Condition number 26 shall be added which reads as follows: "Construction shall commence within from (2t -h) years and be completed within five (5) year date of this approval." George Perna asked if there was any further input from either the applicant or the public. Upon receiving no further input Hr. Perna asked the Board for a motion to close the public hearing. On a motion made by Richard Nardella and seconded by John Draper, tht- Board voted unanimously, including the Chairman, to close the pu})lic hearing and take the matter under advisement. On a second motion made by Joseph Mahoney and seconded by Richard Nardella, the Board voted unanimously, i.11cIuding the Chairman, to approve the modification of the origin,�l Spf�cill]. Permit issued on September l988 for and amendedkbyythe 1l Estates, Planning Board?1 conditions as drafted by Staff Attached are those conditions. Sincerely,. orle Perna, �,7'r. , E Chairman CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File HICKORY HILL ESTATES, PRD MODIFICATION Special Permit Modification. The Planning Board herein modifies the original Special Permit issued for Hickory Hill Estates, dated September 23, 1988. The Planning Board makes the following findings regarding this Special Permit Modification as required by sections 8.5, 10.3 and 10.31 of the North Andover Zoning Bylaw: A. The specific site is an appropriate location for such use, structure or condition; B. The use as developed will not adversely affect the 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. E. The application before us is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes the 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 general welfare of the citizens of the Town of North Andover which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning Districts in which the parcel is located. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features; B. Encourage the preservation of open space; C. Protect waterbodies and supplies, wetlands flood plains, agricultural lands, wildlife, and other natural resources including maintaining the quality of water contained in Lake Cochichewick. D. Permit greater flexibility and more attractive, efficient, and economical design of residential developments;. E. Facilitate economical and efficient provision of utilities; F. Meet the Towns housing needs by promoting a diversity .of housing types. Finally, the Planning Board finds that the PRD complies with Town Bylaw requirements so long as the following additional conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the PRD as specified in this Special Permit Modification before us the Planning Board herein grants this modification provided the following conditions are met: 1. This approval is for work to take place within phase one of the proposed PRD as modified herein and shown on the following plans: Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS HICKORY HILL ESTATES - P.R.D. (APPROVED) NORTH ANDOVER, MASSACHUSETTS 01845 Dated: Revised: FEBRUARY 1, 1991 FEBRUARY 25, 1991 Prepared By: DESIGN ENGINEERING P.O. BOX 516 NORTH ANDOVER, MA. 01845 TELE. (508) 683-3893 Client: GEORGE R. BARKER JR. 1267 OSGOOD STREET NORTH ANDOVER, MA. 0.1845 Sheets: ONE THROUGH FIVE (1 - 5) 2. Conditions one (1) through seven (7) as listed in the original Special Permit, approved 9/23/88, shall remain in full force and effect. The extent and natural of the Perpetual Conservation Restriction shall remain as originally approved. 3. In order to meet the boards goal of minimizing site disruption, visual impact of the project and soil erosion on the hilly site, a no cut line has been placed upon the revised plans. Any clearing beyond the limits of the no cut line shall be subject to reforestation under section 5.8 of the North Andover Zoning Bylaw. 4. In the proposed phase two (2) of this modification which must also come before the Planning Board, the applicant shall provide an easement to the Town of North Andover to allow for access to public lands located at the Mazarenko Farm. The easement shall be 10' wide and indicated on the plan with the following language: "A public access easement granted to the Town of North Andover to allow for access to public lands located at the Mazarenko Farm." An easement document shall be prepared by the applicant at the time of filing for phase two (2) of this PRD and that document shall be recorded with the registry of deeds. 5. A 50' wide buffer area shall be provided from the perimeter of the parcel line which contains the proposed construction, as required by Section 8..5 6(d). No pavement, cutting or grading shall be allowed in this buffer area. 6. A 20' wide sewer and water easement to allow the extension of these services to the land N/F of Carter shall be shown on the plan in accordance with the requirements of the Division of Public Works. 7. The roadway and driveway shall not exceed grades of ten percent (10%). The board shall allow these steep grades in an effort to minimize the disruption of the existing contours of the land. 8. The applicant shall adhere to Section 4.2 (Phased Development) of the existing bylaw. 9. Any action by a Town Board, Commission or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, or changes in the grading, no cut line or perpetual conservation restriction shall be resubmitted to the Planning Board for review. 10. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is permitted by permit only after consultation with the Fire Department. b. Underground fuel storage will only be allowed in accordance with Town Bylaws and State Statute and only with the review and approval of the Fire department and Conservation Commission. C. Lot numbers are to be posted clearly during construction and permanent house numbers prior to occupancy. d. All structures shall be required to contain residential fire sprinklers systems in conformance with the No Andover Fire Department. 11. The applicant shall adhere to the following requirements of the Police Department: a. Adequate site distance shall be maintained at the exit of the project onto Barker Street. b. Appropriate signs shall be placed on Barker Street informing motorists of the intersection. C. A "STOP" sign shall be placed as the proposed roadway exits onto Barker Street. 12. There shall be no burying or dumping of construction material on the site. Also,. there shall be no burying of tree stumps in the Watershed District. 13. All lighting for this project shall be reviewed by the Planning Board. 14. The public access easement shown on the plans shall be adequately marked with wood poles starting at its barker street entrance. These markings shall be in the form of wooden poles placed every 500 feet along the roadway. These poles shall be 4 feet in height and shall contain the following language: "Public access to Mazarenko Farm, Town of North Andover." Other language as approved by the North Andover Conservation Commission may be used. The purpose of this condition is to notify the citizens of the community of the existence of the access easement and help guide their journey to Mazarenko Farm through this project. 15. Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw. 16. The applicant shall provide a water connection to French Farm Village Subdivision in accordance with the standard of the N.A.D.P.W.. The applicant shall provide signed easements including those from abutting property owners. 17. Prior to the sale or development of the project, the applicant shall adhere to the requirements of M.G.L. Chapter 61A. 18. In no instance shall the proposed roadway be deemed. -as a public way, accepted by the Town or receive Town services such as plowing or trash pickup. All Emergency services such as fire and police shall be afforded to this roadway. The applicant shall record restrictive covenants for each individual lot which states that the property fronts on a private way and as such the property owners shall be responsible for roadway maintenance, plowing and trash pickup. 19. Due to the nature of the PRD bylaw the applicant shall record restrictive covenants which will insure that the architectural style of the proposed structures shall be uniform in design. T 20. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 21. Gas, Telephone, Cable and Electric utilities sl -►all be installed as specified by the respective utility companies. 22. All .catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 23. Prior to a Certificate of Occupancy being issued for any structure on this lot, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 24. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: Hickory Hill, Estates = Phase II Subdivision and Phase I Proposed Revisions By: Scott L. Giles, R.L.S. dated 4/23/93 19 ifr iF iF lE Mfr ;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 C— c G�c 6 C) N 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: June 1, 1993 i NORTH ANDOVER PL&MIG BOARD By. Richard A. Nardella, Chairman F_ R i �`,i1it , Moi � Fi�A►`id� + t � APPLICATION FOR AMWELL OF DEFINITIVE PLAN rR To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—Lq for approval of a proposed subdivision shown on a plan entitled C W ` ) I ES�aie — POSE Z SL)U\\Tlsm a,,�k MASE -T -Prongsedt v1Sld by 3r,ctt L. G,la_s . R LS dated �2 being land bounded as follows: LeAA.--y , of t e s f- . Be,rje. A. t? o �A[ i" \ k- lht „r. Ar ij, A-KAP,P.r rr,, Ye &(-t ' 14-44 rt R)re r5 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 '3?Si, Page G ; or Fzb n,►Gct\ Certificate of Title No. _� Registration Book page_; or Other: pL. A N uo . c lq I l Saidlan has evolved from a e ASC p (� has not( plan submitted to the Board of 19 and approved (with modifications) (X) disapproved ( on KN,, 19 `t j_. 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 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: Signature, Applicant Time: ✓ �.fG(�'c�� � u Signature: A) v4 Address Hickory Hill Estates Phase II Definitive Subdivision Modification Conditional Approval The Planning Board herein approves the Modification of the Definitive Cluster Subdivision Approval dated April 12, 1991. This Modification dated April 26, 1993, is requested by Tom Zahoruiko, and concerns the construction of the remaining 14 lots of the 40 lots originally approved. This approval is also based on an existing Special Permit approval for a PRD on this site dated March 9, 1991. Based on the above information, the Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated April 21, 1993, include 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. 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 applicant complies with the following conditions: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans to be endorsed conform with the Board's decision. b. A detailed construction schedule must be submitted as part of the plans. C. 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 1 security as requested in Condition #3(c). d. Right of way dedication easements for the proposed roadway shall be prepared at the applicant's expense and provided to the Planning Office. e. 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 filed with the Essex North Registry of Deeds. f. All drainage, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation must be included in the design and shown on the construction schedule required in Condition 1(b). g. All conditions listed herein, which shall require action by the applicant after endorsement, shall be placed on the final sheet of the Record Plans which will be presented for endorsement by the Planning Board. h. All application fees must be paid in full and verified by the Town Planner. All documents required by the Planning Board Rules and Regulations Governing the Subdivision of Land, must be prepared at the expense of the applicant. 2. Prior to the start of construction: i a. The record Plans must be endorsed by the Planning Board and recorded by the Applicant with the Essex North Registry of Deeds. b. The applicant shall post a Performance Guarantee in the amount of $5,000 (five 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(c) below. This Performance Guarantee may, at the discretion of the Planning Board, 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. 2 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 will judge whether the applicant has satisfied the requirements of this provision prior to each lot release. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security in an amount to be determined by the Planning Board, 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 this security may include, but will 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 d. All proper documents and easements required through Condition 1 must be in place. 4. Prior to a FORM U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: a. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition 1(f) above, was filed with the Registry of Deeds office. b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as proof of filing. C. A plot plan for the lot in question must be submitted, which shows 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 sewer lines, 3 V V. location of wetlands and any site improvements required under a North Andover Conservation Commission (NACC) order of condition, vi. any grading called for on the lot, and vii. all required zoning setbacks d. All appropriate erosion control measures for the lot must be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. e. All catch basins must be protected and maintained with hay bales to prevent siltation into the drain lines during construction. f. The lot in question shall be staked in the field. Any major departures from the record plans must be pointed out to the Town Planner. The Town Planner will verify that the changes will not require a modification to the decision. g. Lot numbers, visible from the street, must be posted on all lots. 5. Prior to a Certificate of Occupancy being issued 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 must ensure that all required inspection and testing of 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 approved plans and profile sheet. b. All necessary permits and approvals for the lot in question must be secured 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 must be properly stabilized, as judged by the Planning Staff. e. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such An driveway is at a catch basin or stone bound position. 6. Prior to the final release of security retained for the site by the Town, the following must be completed by the applicant: a. An as -built plan and profile of the site must be submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a warrant for such petition the applicant must review the subdivision as shown on the referenced plan dated Jan. 1, 1993 with further revisions and all remaining work with the Town Planner and Department of Public Works. The Planning Board must hold a portion of the subdivision security 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 with the Registry of Deeds. C. The Town Planner will ensure that all planning, conservation commission, and department of public works issues and conditions are satisfied and that construction was in strict compliance with all approved plans and conditions. 7. The Planning Board in conjunction with the Department of Public Works has determined that Hickory Hill Road must be brought up to town standards and accepted as a public way. The previous approval for this roadway as a private way is hereby rescinded. As such, the applicant must adhere to the following: a. The pavement width in Phase I will be expanded to twenty-four (24) feet. The roadway to be constructed as part of Phase II will be constructed to a pavement width of twenty-four (24) feet. b. The applicant must comply with the Department of Public Works standards. 8. A twenty (20) foot conservation restriction must be placed along the boundary of lots 37, 36, 35, 34, and 33 and the Mazarenko Farm Conservation Land . 9. The applicant will provide an easement to the Town of North Andover to allow for access to public lands located at the Mazarenko Farm. The easement shall be 10' wide and indicated on the plan with the following language: 5 " A public access easement granted to the Town of North Andover to allow for access to public lands located at the Mazarenko Farm." 10. Two to two and one half inch caliper (2-2.511) street trees are to be placed every fifty (501) feet along both sides of all new roadways where deemed necessary by the Tree Warden in conjunction with the Planning Staff. A variety of species must be planted. Tree species will be approved by the Tree Warden. 11. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed only within the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 12. Tree cutting shall be kept to a minimum throughout the site in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Tree Warden when tree cutting is to occur. The Tree Warden may pre -approve any major tree cutting. 13. 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, shall require a modification of this decision by the Planning Board. 14. There shall be no burying or dumping of construction material on site. 15. Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw and will be reviewed by the Town Planner. The Planning Board will review any entrance sign structures. 16. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 17. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 18. All construction shall commence by (two (2) years from the date of this approval) and shall be completed by (five (5) years from the date of this R approval). 19. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees, contractors and subcontractors, and all successors in interest or control. 20. The following waivers have been from the Rules and Regulations Governing the Subdivision of Land granted by the Planning Board: a. Section 7(A)(3)(a): allow the grade of the street to exceed six percent (6%). The Board agrees to waive this requirement due to the steep topography of the site and to the limited access to the site. b. Section 7(A)(3)(d): waive installation of granite curb in locations of street grade greater than six (6%) percent provided that cape -cod berm is installed on both sides of the road throughout the entire subdivision, including Phase I. C. Section 7(A)(4) Dead -End Streets: The Planning Board waives the street length maximum of 600 feet. The site is surrounded by conservation land thus the roadway will never connect to any other subdivision. The topography of the site prevented the looping of the roadway. d. Section 7(C)(1) allow shoulders less than eight (8) feet in cut and fill areas between Barker Street and Station 11+0 to reduce erosion and to limit the amount of cutting and filling required. - e. Section 7(D)(1): waive construction of sidewalks for the entire subdivision provided that the applicant contributes $5,400 to the Town of North Andover sidewalk fund. The Planning Board has determined that due to the steep grades along the existing roadway and the topography of the Phase II construction, that sidewalks do not need to be constructed. However, in lieu of the construction of the sidewalks, the applicant will be expected to contribute to the town's sidewalk fund. f. Section 7(N)(12): allow existing P.V.C. drain pipe to remain subject to D.P.W. inspection and submission of as -built plans by the applicant. 21. This Definitive Subdivision approval is, based upon the following plans: a. Plans Entitled: Subdivision Plan of Land 7 in North Andover, Mass. Hickory Hill Estates Phase 2 Dated: April 21, 1993 with further revisions Owner: George R. Barker Jr. 1267 Osgood Street No. Andover, MA Engineer: Scott L. Giles 50 Deermeadow Rd No. Andover, MA 22. The Definitive' Subdivision Modification is based on the following Special Permit Approvals: a. Hickory Hill Estates Special Permit Conditional Approval dated September -23, 1988 b. Hickory Hill Estates Modification of the Special Permit Conditional Approval dated March 9, 1991. CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief i Assessor Applicant Engineer File HickoryHill2.subd .Y Al Notice to APPLICANT/TOWN CLERK and Certification of Action of P Iti %Wrd� L on Definitive -Subdivision Plan entitled: T0vjN Hickory Hill Estates to The North Andover Planning Board has voted to APPROVE said plan,..subject to the following conditions: 1 the record owners o subject land forthwitecute and record a "covenant ru with the land", or t prwise provide securityfor the con- s ruction of ways an installation of iqniCipal services withi"d sub - div nj all as provided c. 41, S. 81-il: -., 2. That il"uch construction and installations shAl- in all respects orm to the goviiihiii& rules and regulailana,,_of this Board: -,- 3. mat as required by th*6"-North Andover Board ot-H th in its l-epprt to this Board, n �or other structure shall be built oFIA4,ced upon Lots as shbwa,on said Plan withou the prior 4• Other conations: The Planning Board voted to accept the withdrawal without prejudice in lieu of a PRD proposal. 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: January 21, 1988 By: Paul Hedstrom, Chairman FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN 9 8 To the Planning Board of the Town of North Andover: The undersignedt being the applicant as defined under Chapter Olt Section 81 -Lt for approval of a proposed subdivision shown on a plan entitled LL by _�. J%. �, a.� �.I � i �, /�_ac i �T_ dated --A Ov To P-=" I-1 6� being land bounded as follows: ►tel o 2 T d Le Ly by 0> v --a.2 O i e o., i Ee-Lj �y s i_ij [.2 L-,�,-j-c> o 4w E,.V eAu L, 16 A.4my z d E! -a a,/ "►.gyp o F► �1 do 2�1 � Q. -QX 00 (-.0� u 0 O 2 E �G� �A.2�� E4 i �'f' S Adv �...iD O Iowrd o ND. /JNt7D/E(�' wE�iT�EL 1!. EIO� /.; GOFf. 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 $DZ t Page 14 e ; or Certificate of Title No. t Registration Book t pager; or Other: Said plan has(✓�hae-ne () evolved from a preliminary plan submitted to the Board oil I3&---ae- 19 83_ and approved (with modificationsdisappr OT on 4q du LX 19 &7 ) (� The undersigned hereby applies for the approval of said DEFINITIPE plan by the Boards 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 Boards the Public Works Departmentt the Highway Surveyort the Board of Healtht and all general as well as zoning by-laws 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 improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plant profiles and cross sections of the same. Said plant profiles' cross sections and construction specifications are specificallyt by references incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall.be binding upon all heirs, exeeutorst administratorst • 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: Signature of Applicant Time: 1�6 Eo CC., e., , , �.. P�.� R ie E.. rZ , Ll 2 Signature: 2 Z*wvv r-> y - Address �..! v�.-;-t_ /S,,j=vv, �.�: o �8 y5 U o� Lla. [-,e P oc rr y G� r -4? -4 ---:� 544> 1 j-( :4 2l, 1ct88 cla Ln 0 Z y .nt "'3