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GROWTH MANAGEMENT TRACKING
SUBDIVISION GROWTH # ALLOWED LOT # DATE #YEAR TO
NAME / PHASED PER YEAR PERMIT 4 OF ISSUE DATE
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Northpoint Realty Development
P.O. Box 907
North Andover, MA o1845
(978) 327-6540
Southpoint Realty Development
1020 Miramar Drive
Delray Beach, FL 33483
(561) 272-9958
Date: June19,2003
To: Robert Nicetta
From: Gerry -Lynn Darcy*""
Re: First batch of permits — Peachtree Farm Subdivision
cc: Brain Darcy, Thomas Laudani
I am delivering two temporary sign permit applications and seven building permit applications
in regards to the Peachtree Farm Subdivision.
The seven permits are for all townhomes and six single family homes within the subdivision. I
will have the certified foundation plans for all permit applications as submitted, before June 30,
2003 at which time I will have them delivered to you in an envelope.
Additionally, Justin Woods continues to be an impediment in the process. He has refused to
sign off on the Form U for the townhomes even though they are not held under the covenant and
thus require no release. He claims that he has to review full constructions drawings and all
other information prior to signing off on the townhomes. Needless to say, he is completely out
of line and without jurisdiction. We have placed a call to the Town manager to voice our
dissatisfaction with his behavior.
The purpose of getting these applications in is to grandfather our first seven permits prior to the
June 30th deadline, under the growth management development schedule as submitted as part
of our approval. Further information required prior to obtaining permits is as follows:
1. Certified foundation plans for all seven application files — prior to June 30, 2003
2. Detailed construction drawings for townhomes — July 7, 2003
3. Release Of lot 29 from Covenant by Planning Board action for purpose of
constructing a Model home — July 15, 2003
4. Posting of tie-in fees for Townhomes with DPW — by July 15, 2003
5. Form U sign -off from Planning Board and DPW for Townhomes — by July 15, 2003
6. Post water and sewer tie-in fees for lot 29 and submit form U with Planning board
and DPW sign off —July 18, 2003
7. Performance Guarantee via tripartite agreement for the subdivision roadway and
subsequent release of lots from covenant — September 15, 2003
8. Posting of water and sewer fees and subsequent sign off from DPW for subdivision
lots with permit applications already submitted — September 16, 2003
9. Submittal of seven (7) additional building permit applications for subdivision lots in
calendar year (beginning July 1, 2003) — September 17, 2003
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81iltJUN 92003
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Town of North Andover %ORTII
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D ffice of the Planning Department
qr�,. "t Development and Services Division
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27 Charles Street
Z00003 F LE IS In P Nor212 Andover, Massachusetts 01845
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b.gp://www.townofnorthandover.com
Planning Director: iwoods@towitofnorthandover.com P (978) 688-9535
J. Justin Woods F (978) 688-9542
SENT USPS VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#_ rl()O,) 0510 ocno O!RqLa2j
Peachtree Farm Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for an existing single family home, a
new twenty-nine (29) lot subdivision with 29 single family homes, a village green, and 5 attached
townhouses with associated parking, known as Peachtree Farm Definitive Plan. Peachtree Development,
LLC, 231 Sutton Street, North Andover, MA 01845, submitted this application on November 1, 2002.
The area affected is on Rea Street and is located in the Residential 3 Zoning District.
The Planning Board makes the following findings as required by Section 5.6 of the Town of North
Andover Rules and Regulations Governing the Subdivision of Land:
A. The approved Definitive Plan, dated October 24, 2002, revised January 17, 2003, satisfies all
requirements of the Planning Board Rules and Regulations regarding the subdivision of land. The
above referenced plans are complete and technically adequate.
B. The approved Definitive Plan has due regard for the provision of adequate access to all of the lots
in a subdivision by ways that will be safe and convenient for travel. The plan has been reviewed
by the town's consulting engineer, VHB, and has been found to be acceptable in that it provides
adequate access. Furthermore, the applicant submitted a traffic impact and access study that was
also found to be acceptable.
C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the
adjacent public ways. Conventional development of this subdivision plan would allow a build -out
of 42 new lots, including ANR lots along both Chestnut and Rea Street that would result in
numerous driveways entering and exiting Chestnut and Rea Street.
D. The approved Definitive Plan reduces danger to life and limb in the operation of motor vehicles.
Again, conventional development of this subdivision plan would allow a build -out of 42 new lots,
including ANR lots along both Chestnut and Rea Street. These ANR lots would create additional
driveways entering and exiting Chestnut and Rea Street, creating unnecessary pedestrian and
vehicle conflicts.
E. The approved Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new roadway and driveway will provide ample access to the homes during emergency
situations.
F. The approved Definitive Plan complies with the Town of North Andover Zoning By-law.
F. The approved Definitive Plan secures adequate provisions for water, sewerage, drainage,
underground utility services, fire, police and other similar municipal equipment, and street lighting
and other requirements where necessary in a subdivision. The Definitive Plan has been reviewed by
the appropriate public safety agencies and has been found to be acceptable.
H. The Definitive Plan coordinates the ways in neighboring subdivisions.
1. The Definitive Plan conforms with the design and construction standards described in these Rules
and Regulations and in the attached Appendices with the exceptions of waivers granted in
Condition 17.
J. The Definitive Plan conforms with all the applicable zoning requirements.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVA:rION688-9530 HEALTH688-9540 PLANTNING688-9535
Definitive Subdivision Permit
Peachtree Farm Subdivision
February 10, 2003
Page 2 of 7
Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw
requirements so long as the following conditions are complied with:
1) Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental Monitor must
be available upon four (4) hours' notice to mispect the site with the Planning Board designated
official. The Environmental Monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board throughout the duration of the project. The monthly reports shafl
detail area of non-compliance, if any and actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) A Site Opening Bond in the amount of fifteen thousand ($15,000) dollars io be held by the
Town of North Andover. The Site Opening Bond shall be 'in the form of a check made out to
the Town of North Andover that will be placed into an interest bearing escrow account. A
covenant (FORM 1) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lots may be released from the
covenant upon posting of security as required *in Condition 5(c).
b) The applicant must submit to the Town Planner a FORM M for aff utilities and easements placed
on the subdivision.
c) All subdivision application fees must be paid in M and venfied by the Town Planner.
d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the
Boards decision. A full set of final plans reflecting any required changes outlined in VHB's
report dated January 27, 2003 must be submitted to the Town Planner for review prior to
endorsement by the Planning Board. These plans must be submitted within ninety (90) days of
filing the decision with the Town Clerk.
e) The Subdivision Decision for this project must appear on the mylars.
f) A Development Schedule must be submitted for signature by the Planning Board, which conforms
to Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit
eligibility by quarter for aU lots.
g) All documents shall be prepared at the expense of the applicait, as required by the Planning Board
Rules and Regulations Governing the Subdivision of Lwd.
h) Final water service and water main connection to Kara Dnve and Chestnut Street must be
approved by the Division of Public Works prior the Planning Board's endorsement of the record
plans. A memorandum from the Division of Public works confirming these plans have been
approved must be provided to the Planning Department.
i) The Applicant has stated that the access road to the townhornes will be a private way and
maintained by the owners. However, the rights and restrictions associated with the 'exclusive
use and drainage easement' are unclear. The applicant shaU submit a draft of the proposed
exclusive use and drainage easement clarifying this arrangement.
3) Prior to ANY WORK on site:
a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the
plan. Snow fence shall. be installed along the limit of clearing and gradmg line to the rear of lots
14, 15 and 16. The Planning Staff must be contacted prior to any cutting and. or clearing on site.
b) ' All erosion control measures as shown on the plan and outlined in the erosion control plan must be
in place and reviewed by the Town Planner.
BOARD OF APPEALS 688-9541 BLJILDr.NTG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Definitive Subdivision Permit
Peachtree Farm Subdivision
February 10, 2003
Page 3 of 7
c) Police details will be provided as necessary. The applicant shall coordinate the construction
schedule with the North Andover Police Department and submit a final schedule to the Planning
Board prior to construction commencing.
4) Throughout and During Construction:
a) Dust mitigation (such as dewatering) and roadway cleaning must be performed weekly, or as
deemed necessary by the Town Planner, throughout the construction process.
b) Street sweeping must be performed, at least once per month, throughout the construction process,
— , , or more frequently as directed by the Town Planner.
c) Hours of operation during construction are limited from 8 a.m. to 5 p.m., Monday through
Saturday.
5) Prior to any lots being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified
copy of the following documents: recorded subdivision approval, recorded Covenant (FORM
1), recorded Growth Management Development Schedule, and recorded FORM M must be
submitted to the Town Planner as proof of recording.
b) The applicant must submit a lot release FORM J to the Planning Board for signature.
c) A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to
ensure completion of the work in accordance with the Plans approved as part of this conditional
approval. The bond must be in the form acceptable to the North Andover Planning Board. Items
covered by the Bond may include, but shall not be limited to:
i) as -built drawings;
ii) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vii) site restoration
viii) final site cleanup
d) The Planning Board has determined that due to the size, scale and complexity of this project
outside inspectional services shall be provided by the Town's Consulting Engineer, at the
applicant's cost in accordance with Section 5.7.3(a) of the Town of North Andover Subdivision
Regulations. As such, the applicant shall request an estimate of the iiispectional services from the
Town Planner, and the Town Planner shall provide the applicant with this estimated cost. The
applicant shall then deposit that amount of funds in an account with the Planning Department
which will be utilized to pay for these required inspectional services. The applicant shall conform
to the general construction procedures fisted in Section 6.5 of the Town of North Andover
Subdivision Regulations.
e) Due to the existence of steep slopes at the rear of many of the proposed lots, the applicant shall hire
a geotechnical engineer to be present during construction to observe any potential groundwater or
slope failures that may occur. This geotechnical engineer shall be in addition to the outside
mspectional services required in condition 5(d). The geotechnical engineer shall provide monthly
reports to the Planning Board, Town Planner, and outside inspectional engineer so as to closely
monitor this situation.
C�+-a- 3
BOARD OFAPPEALS 688-9541 BUILDfNG688-9545 CON, SERVATION 688-9530 HEALTH688-9540 PLANNINIG688-9535
Definitive Subdivision Permit
Peachtree Farm Subdivision
February 1.0, 2003
Page 4 of 7
6) Mor to Building Permit Issuance for an individual lot the following information is required by the
Planning Department:
a)
The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b)
above.
b)
A plot plan for the lot in question must be submitted, which includes all of the following:
i) location of the structure,
ii) location of the driveways,
iii) location of the septic systems if applicable,
iv) location of all water and sewer lines,
v) location of wetlands and any improvements required under a NACC order of
condition,
vi) any grading called for on the lot,
vii) all required zoning setbacks,
viii) location of any drainage, utility and other easements.
c)
All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff
shall make final determination of appropriate measures.
d)
Lot numbers, visible from the roadways must be posted on all lots.
e)
An as -built plan must be submitted to the Division of Public Works and VHB for review and
approval prior to acceptance of the sewer appurtenances for use.
f)
The roadway must be constructed to at least binder coat of pavement to properly access the lot in
question. Prior to construction of the binder coat, the applicant shall ensure that all required
inspection and testing of water, sewer, and dramage facilities has been completed. The applicant
must submit to the Town Planner and the Department of Public Works an interim as -built, certified
by a professional engineer, verifying that all utilities have been installed in accordance with the
plans and profile sheet. The interim as -built plan shall be prepared in accordance with the
definition fisted in Section 1.3.3 of the Town of North Andover Subdivision Regulations and
Section 5.14 of the Town of North Andover Subdivision Regulations.
g)
Any driveway permits required for the new lots must be secured and all fees paid for from the
Department of Public Works, along with necessary sewer connection, water connection, and sewer
mitigation permits. Proof of the secured driveway permits and payment of water and sewer fees
shall be provided to the Planning Department.
h)
The applicant shall adhere to the following requirements of the North Andover Fire Department
and the North Andover Building Department:
1) All new homes 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.
7) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be
required:
a) All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health, and Conservation Commission.
BOARD017APPE-ALS688-9541 BUILDINGY688-9545 CONSERVATION 689-9530 HEALIT1688-9540 PLANNIJNG688-9535
Definitive Subdivision Permit
Peachtree Farm Subdivision
February 10, 2003
Page 5 of 7
b) The residential fire sprinkler system 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 syst6m has been irt§talled prope6y i- accordance with the above
referenced reguliti6ns must be provided from both the North Andover Fire Department and the
11
&30 orth Andover Building Departnimt to the applicant. The applicant must then provide this -
C ertification to the North Andover Planning Department.
C
P ermanent house numbers must be posted on dwellings and be visible from the road.
,
d) There shall be no driveways placed where stone bound monuments and/or catch basins are to be
set. It shall be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold. The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
e) If a sidewalk is to be constructed in front of the lot, the applicant shall submit an as -built plot plan
to the Town Planner depicting the sidewalk has been constructed.
f) Any and all street trees required to be planted in front of the lot shall be planted. The applicant
shall submit an as -built plot plan to the Town Planner certifying that the street trees have been
planted.
8) Prior to the final release of security retained for the site by the Town, the following shall be
completed by the applicant:
a. An as -built plan and profile of the site shall be submitted to the DPW and Planning Department for
review and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision
Rules and Regulations.
b. The applicant shall petition Town Meeting for public acceptance of the stred in accordance with
Section 5.11 of the Town of North Andover Subdivision Rules and Regulations. Prior to
submitting a warrant for such petition the applicant shall review the subdivision and all remaining
work with the Town Planner and Department of Public Works. The Planning Board shall hold a
portion of the subdivision bond for continued maintenance and operations until such time as Town
Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the
developees responsibility to insure that all proper easements have been recorded at the Registry of
Deeds and copies provided to the North Andover Planning Department.
9) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and Division
of Public Works requirements are satisfied and that construction is in strict compliance with all
approved plans and conditions.
10) The applicant shall adhere to the following requirements of the Fire Department:
a) Open burning is allowed by permit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute
and only with the review and approval of the Fire Department and Conservation Commission.
11) There shall be no burying or dumping of construction material on site.
12) The location of any stump dumps on site must be pre -approved by the Planning Board.
13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
14) Gas, Telephone, Cable, and Electric utilities shall be histalled as specified by the respective utility
companies.
15) Any action by a Town Board, Commission, or Department which requires changes in the roadway
alignment placement of any casements or utilities, drainage facilities, grading or no cut lines, may be
subject to modification by the Planning Board.
BOARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVATION 688-9530 I-IEALTH688-9540 PLANNING688-9535
Definitive Subdivision Permit
Peachtree Farm Subdivision
February 10, 2003
Page 6 of 7
16) The utilities must be installed and the streets or ways constructed to binder coat two years from this 1
approval. If the utilities are not installed, the streets or ways are not constructed to binder coat and the
Planning Board has not granted an extension by the above referenced date, this definitive subdivision
approval will be deemed to have lapsed.
17) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North
Andover, Massachusetts, November 2000, amended December 2002, have been GRANTED by the
Planning Board. These waivers have been granted as the Planning Board has determined that the
construction of the proposed roadway should retain the rural character of the neighborhoods
surrounding it, specifically Rea and Chestnut Streets. Furthermore, the waivers granted will minimize
the impact to the surrounding slopes and wetlands, and abutting properties.
a) Waiver from Section 5.4.4.3a -c Public Service Impact on Fire, Schools and Police has been
granted. This waiver is granted due to the fact that the applicant has submitted plans to the above
departments and provided them ample opportunity to comment on the proposed impact the
subdivision may have on their respective departments.
b) Waiver from Section 6.8.1, right of way width has been granted This will allow for a 40 foot right-
of-way width vs. the required 50 ft. right-of-way width.
c) Waiver from Section 6.8.1, roadway width has been granted. This will allow for a 22 foot roadway
width vs. the required 26 ft. roadway width.
d) Waiver from Section 6.8.1, minimum horizontal curve radius has been granted This will allow for
a 95 foot horizontal curve radius vs. the required 225 foot radius. The 95 foot radius meets the
turning requirements of a single unit vehicle and sight distance does not appear to be an issue at
this location.
e) Waiver from Section 6.8.1, cul-de-sac maximum length has been granted. This will allow for a
1010'(+/-) foot cul-de-sac vs. the maximum length of 6001. Due to the provision of residential fire
sprinklers and the proposed layout of internal roadways and driveways neither the Fire Department
nor the Police Department have objected to this cul-de-sac length.
f) Waiver from Section 6.8.1, pavement width, has been granted, as a single unit can easily manage
the turning movement.
g) Waiver from Section 6.11, sidewalk material and width, has been granted. This will allow for a 4'
wide cement concrete sidewalk vs. the required 5' wide asphalt sidewalk.
h) Waiver from Section 6.11.2, sidewalk minimum setback, has been granted. This will allow for a
sidewalk setback of 3 feet vs. the required 5 feet from the edge of roadway.
i) Waiver from Appendix V.5.c, minimum water elevation at the bottom of a Detention Area. This
will allow a the Detention Pond at or above the maximum ground water elevation vs. the required
2 foot minimum above ground water elevation.
j) Waiver from Appendix V.6.b.iii, maximum slope of detention areas. This will allow for a 2:1
slope on the bank of the detention area No. 2 vs. the required slope of 3:1.
18) This Definitive Subdivision Plan approval is based upon the following information that is incorporated
into this decision by reference:
Plan titled: Definitive Subdivision and Special Permit Plan
Peachtree Farm in North Andover, MA
Prepared For: Peachtree Farm Development, LLC
Prepared By: Marchionda & Associates, LP
62 Montvale Avenue, Suite 1
Stoneham, MA 02180
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERV_ATION 688-9530 HEALTH 688-9540 PLANNING 688-9.535
Definitive Subdivision Permit
Peachtree Farm Subdivision
February 1.0, 2003
Page 7 of 7
Dated:
October 24, 2002, last revised, January 30, 2003
Sheets:
1 through 21
Scale:
1"=40'
Plan Titled:
Conceptual Landscape Plan
Peachtree Farm in North Andover, MA
Prepared for:
Peachtree Development, LLC
Prepared By:
Huntress Associates, Inc.
17 Tewksbury Street
Andover, MA 01810
Sheets:
1 through 4, with a scale of 1"=40', dated December 30, 2002
Sheet:
5 with a scale of 1"=10', dated January 23, 2003
Sheet:
6 with a scale of 1"=20', dated January 27, 2003
Report Titled:
Traffic Impact & Access Study
Prepared for:
Peachtree Development, LLC
Prepared By:
Dermot J. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading, MA 01864
19) The Town Planner shall approve any insubstantial changes made to the plans and reports described in
Section 16. Any changes deemed substantial by the Town Planner shall be presented to the Planning
Board for a determination whether such changes would merit a public meeting or hearing and/or
Special Permit modification.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant
has the right, under MGL Chapter 41, Section BB, to appeal to this decision within twenty days
after the date this decision has been filed with the Town Clerk.
(in Woods
ina Director
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-953-5
r , Town of North Andover F tkORTH q
; i�Ab�!Office of the Planning Department oHt
�
{Ciity Development and Services Division ` ,
27 Charles Street
Lm H5 10 P V TAli Andover, Massachusetts 01845
ht!p://www.townoftiorthandover.com
iorthandover.com
Planning Director: Iwoods@townofnorthandover.com P (978) 688-9535
J. Justin Woods F (978) 688-9542
SENT USPS VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
05,0 oacu O'N' 4
Peachtree Farm Subdivision
Planned Residential Development Special Permit
The Town of North Andover Planning Board hereby grants the Special Permit for a Planned Residential
Development, known as Peachtree Farm Subdivision comprised of 29 single-family homes, a village
green, and 5 attached townhouse units with associated parking. Peachtree Development, LLC, 231 Sutton
Street, North Andover, MA 01845, submitted this application on November 1, 2002. The fore mentioned
development company submitted a complete application on November 1, 2002. The application was
noticed and reviewed in accordance with the procedures for approval described in Sections 8.5, 10.3 and
10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected is located
off Rea Street in the R-3 Zoning District. The Planning Board makes the following findings as
required by the Town of North Andover Zoning Bylaw, Sections 10.3 and 10.31.
a) The specific site is an appropriate location for a Planned Residential Development as the property
would yield 42 homes with a conventional subdivision design vs. the 34 new homes with the
PRD design. This PRD plan minimizes the amount of disturbance on the existing slopes,
wetlands and abutting properties by taking advantage of the reduced lot size. Also, this layout
preserves approximately sixteen acres of the property through a perpetual open space restriction.
b) The use as developed will not adversely affect the neighborhood as this site is located in a
residential area and there is approximately 16 acres of open space associated with the
development. The character of the project will reflect the rural aesthetic presently defined by the
surrounding Chestnut and Rea Street neighborhoods.
c) There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic impact and
access study submitted by DJK Associates, and reviewed by the town's consulting engineer,
demonstrates that the development of 29 new homes and 5 new townhouses will have a negligible
impact on the present traffic volumes associated with Chestnut and Rea Street.
d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
Each home will be provided with sewer and water connections, minimizing the chance of
unwanted pollutants entering the groundwater.
The Planning Board also makes findings under Section 8.5 of the Zoning Bylaw that this PRD is in
harmony with the general purpose and intent of the Bylaw, including Sections 8.5 and 10.3, and
that the PRD contains residential development and open space in a variety to be sufficiently
advantageous to the Town and promotes the public health, safety, and welfare of the citizens of the
Town of North Andover. In particular, the Planning Board finds that this project will:
A. Promote the more efficient use of land in harmony with its natural features by preserving
additional open space, reducing the amount of clearing and excavation normally associated with
the construction of residential dwellings on a site such as this, and facilitates the economical and
efficient provision of utilities;
B. Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other natural
resources due to the preservation of open space, and the project design minimizes and protects
such natural resources;
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 588-9540 PLANNING 688-9535
Peachtree Farm Subdivision
PRD Special Permit
February 10, 2003
Page 2 of 5
C. Encourage the preservation of open space. The applicant has provided approximately 50% of the
property as Open Space;
D. Permit greater flexibility and more attractive and efficient design of residential development.. The
subdivision design both proposes and allows preservation of the existing rural character along
Rea and Chestnut Street, while conforming to the goals and policies of the Master Plan of the
Town of North Andover;
E. Meet the Town's housing needs by promoting a diversity of housing types. The mixed uses of
single-family homes and townhouse units will provide a variety of housing for residents to choose
from.
F. The Planning Board also finds that a base density of 29 house lots with 5 townhouse units is
appropriate for the PRD as a conventional subdivision design would yield 42 new single-family
homes.
Finally, the Planning Board finds that the Planned Residential Development complies with Town
Bylaw requirements so long as the applicant complies with the following conditions:
1. The developer shall designate an independent Environmental: Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the project,
meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas
of non-compliance and with the plans and conditions of approval.
2. It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways, except as
normally ancillary to off-site sewer and other off-site construction. Off-site erosion will be a
basis for the Planning Board making a finding that the project is not in compliance with the plan.
3. Prior to endorsement of the plans by the Planning Board and recording with the Registry of
Deeds the applicant shall adhere to the following:
a. The applicant shall post (per agreement with the North Andover Planning Board) a Site
Opening Bond in the amount of fifteen thousand ($15,000) dollars to be held by the Town
of North Andover. The Site Opening Bond shall be in the form of a check made out to the
Town of North Andover that will be placed into an interest bearing escrow account. This
amount shall cover any contingencies that might affect the public welfare such as site -
opening, clearing, erosion control and performance of any other condition contained herein,
prior to the posting of the Performance Security as described in Condition 5(c) of the
Definitive Subdivision Conditional Approval. This Performance Guarantee may at the
discretion of the Planning Board be rolled over to cover other bonding considerations, be
released in full, or partially retained in accordance with the recommendation of the Planning
Staff and as directed by the vote of the North Andover Planning Board.
4. Prior to receipt of a Certificate of Completion required to be obtained for the project described in
the Definitive Subdivision Decision, a perpetual restriction of the type described in M.G.L.
Chapter 184, Section 31 running to or enforceable by the Town shall be recorded with respect to
this land. Such restriction shall provide that the Usable Open Space shall be retained in
perpetuity for one or more of the following uses: conservation, agriculture, or recreation, subject
to certain easements and restrictions to be described therein. Documents to this effect shall be
drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots
from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
Peachtree Farm Subdivision
PIED Special Permit
February 10, 2003
Page 3 of 5
5.
The designated open space parcels shall be transferred in ownership to one or more of the
following groups:
a. A non-profit organization or trust whose members are all the homeowners and occupy the
units;
b. Private organization including but not limited to the Trustees of Reservations, or Essex
County Greenbelt Association whose primary function is preserving open space;
c. The Town of North Andover;
d. Any Group or Entity as approved by the Planning Board the exists or is created for the
purpose of preserving the Open Space.
As referenced in condition #4 above, Documents to this effect shall be drafted by the applicant
and reviewed by the Planning Staff prior to the release of any of the lots from the covenant
described in Condition 5 of the Definitive Subdivision Conditional Approval. Final Documents
must be fully executed and recorded with the North Essex Registry of Deeds prior to final release
of any roadway bond or security.
6.
Prior to Construction, Yellow Hazard tape must be placed along the no -cut line as shown
on the approved plans, or as otherwise designated, and must be inspected by the Town Planner.
Behind lots 14, 15 & 16 the applicant shall install snow fence along the no -cut line to insure that
no construction vehicles enter this area. The Town Planner must be contacted to review the
marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan,
certified by a registered professional engineer, certifying that the trees have been cut in
accordance with the approved plans.
7.
Prior to releasing individual lots from the statutory covenants, the Planning Board must by
majority vote make a specific finding that the Erosion and Siltation Control Program is being
adhered to, and that any unforeseen circumstances have been adequately addressed.
8.
The applicant must comply with the Phase Development and Growth Management Bylaws,
'
Sections 4.2 and 8.7 respectively, of the Town of North Andover Zoning Bylaw, as applicable.
rw , The Planning Board approves the following parameters for house designs: Traditional/New
England Style with clapboard, shingle, brick, or stone facades; architectural roof shingles or
shakes; and minimum finished interior living space of approximately 3000 square feet. As shown
_
on Architectural Plans, sheets I-4 providedby the MZO-Group dated November 25, 2002.,
10.
Upon application of a building permit, the applicant shall adhere to the following requirements
of the Fire Department and the Building Department:
a. All structures must contain a residential fire sprinkler system. The plans and hydraulic
calculations for each residential system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each residential
system must also be supplied to the Building Department when applying for a building
permit.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEAL; I 11 6 88-9 540 PLANNING698-9535
3
Peachtree Farm Subdivision
PRI) Special Permit
February 10, 2003
Page 4 of 5
11. After the conveyance of each residential lot, the applicant must provide the Planning
Department with a copy of each deed evidencing the following language:
"As required by the PRD Special Permit issued by the Town of North Andover Planning Board,
dated February 4, 2003, the Buyer of each Lot within the Peachtree Farm Subdivision
acknowledges that the Open Space Parcel(s) shown on said plans, which have been or will be
conveyed to an appropriate group or entity, as determined by the Planning Board, for
conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but
shall not impose any obligation on the Town, to maintain the Open Space parcel(s) in any
particular state or condition, notwithstanding the Town's acceptance of such Open Space
parcels".
12. Prior to verification of a Certificate of Occupancy. The residential fire. _ sprinkler systems
must be installed in accordance with referenced standard NFPA 13D and,in accordance with 780
N O SMR, Chapter 9 of the Massachi ietts State Building Code. Certification that the
—ystems 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.
13. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If any tree cutting occurs outside of the no -cut line as shown on
the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning
Bylaw.
14. This special permit approval shall be deemed to have lapsed after January 21, 2005 (two years
from the date permit granted) unless substantial construction of roadway and utilities has
commenced.
15. The provisions of the Special Permit shall apply to and be binding upon the applicant, its
employees, contractors and subcontractors and all successors in interest or control.
16.; -The developer shall implement and follow all requirements set forth in this decision (conditions
1-13 above) and the plans and reports, referenced below in conditions 14a -d. Failure to comply
with all requirements therein and the conditions of this approval, shall be the basis for the
Planning Board, voting by majority vote, to stop all site work and construction until defects on
the site are corrected and the development is put back into plan compliance. Plan compliance
will be solely determined by a majority vote of the Planning Board based upon the developers
written comments and the conditions contained herein and upon the following information that is
incorporated into this decision by reference:
Plan titled: Definitive Subdivision and Special Permit Plan
Peachtree Farm in North Andover, MA
Prepared For: Peachtree Farm Development, LLC
Prepared By: Marchionda & Associates, LP
62 Montvale Avenue, Suite 1
Stoneham, MA 02180
Dated: October 24, 2002, last revised, January 30, 2003
Sheets: 1 through 21
Scale: 1"=40'
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH698-9540 PLANNING 688-9535
4
Peachtree Farm Subdivision
PRD Special Permit
February 10, 2003
Page 5 of 5
Plan Titled: Conceptual Landscape Plan
Peachtree Farm in North Andover, MA
Prepared for: Peachtree Development, LLC
Prepared By: Huntress Associates, Inc.
17 Tewksbury Street
Andover, MA 01810
Sheets: 1 through 4, with a scale of 1"=40', dated December 30, 2002
Sheet: 5 with a scale of 1"=10', dated January 23, 2003
Sheet: 6 with a scale of 1"=20', dated January 27, 2003
Report Titled: Traffic Impact & Access Study
Prepared for: Peachtree Development, LLC
Prepared By: Dermot J. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading, MA 01864
17. The Town Planner shall approve any insubstantial changes made to the plans and reports described
in Section 16. Any changes deemed substantial by the Town Planner shall be presented to the
Planning Board for a determination whether such changes would merit a public meeting or hearing
and/or Special Permit modification.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant
has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days
after the date this decision has been filed with the Town Clerk.
tin Woods
ina Director
BOARD OF APPEALS 688-95,41 BUILDING 688-9545 CONSERVATION688-9530 HEALTH 688-9540 PLANNING 688-9535
Peachtree Development, LLC
PO Box 907 e North Andover, MA 01845 - p: 978-327-6540 . f. 978-327-6544
June 19, 2003
Mr. John Simons
Chairman of Planning Board
Town of North Andover
27 Charles Street
North Andover, MA 01845
Dear Mr. Simons:
Peachtree Development, LLC is requesting that we be included in the July 8, 2003
Planning.Board agenda for the purpose of obtaining a release from covenant for Lot# 29
at Peachtree Farm, plan dated October 24, 2002 and recorded at the Lawrence Registry
Of deeds on June 3, 2.003 under instrumentfi 14502, for the purpose of constructing a
model home.
I am also requesting to modify the starting hours of operation from 8am to lam.
Thank you for your consideration and please call me if you have any questions.
Sincerely,
omas Laudani
Manager
Peachtree Development, LLC
CC: Justin Woods, Town Planner; Heidi Griffin, Director of Community Development; Brian Darcy; Louis
Minicucci, Jr.
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stator
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
December 18, 2002
Mr. William J. Sullivan, ['human
North Andover Board of Appeals
27 Charles Street
North Andover, Ma 01845
RE: Rea's Pit
Rea Street
Dear Mr. Sullivan:
Telephone (978) 688-9545
Fax (978) 688-9542
I am in receipt of correspondence from Mr. Kenneth W. Rea advising me of the potential sale of
the subject pit area to Peach Tree Development, LLC. The proposed Peachtree Development will
consist of a 29 -lot cluster subdivision with 5 town house units.
Research of Zoning Board records indicates that the Special Permit and Performance Bond for the
earth removal operation have not been renewed since approximately 1996. I am of the opinion
Mr. Rea; by not renewing the above has voluntarily ceased the Earth Removal operation.
Pursuant to Section 5.8 Restoration Standards, Paragraph 6 Reforestation that reads in part "All
areas which are disturbed in the Earth Removal operation shall be reforested". I am of the
opimon after reviewing the development Grading and Utility Plan, Sheet 8 of 21, Dated- October
24, 2002 as prepared by Marchionda & Associates, L.P. that reforestation of the Earth Removal
area is not necessary as the Peachtree Development would better sustain the area.
I have also enclosed for your review correspondence from Mr. Kenneth W. Rea stating that he
has in effect entered into a Purchase and Sale Agreement with Peachtree Development, LLC and
as such authorizes them to act as agent on the parcel.
I am of the opinion that the associated work shown on the development plan will effectively be a
better solution to closing out the Earth Removal Operation (Pit) than the reforestation. Please
advise if you approve.
Yours truly,
D.Robert Nicetta
Building Commissioner / Zoning Enforcement Officer
Enclosure: Letter dated December 16,2002 by Kenneth W. Rea
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH688-9540 PLANFNING 688-9535
KENNETH W. REA
44 REA STREET
NORTH ANDOVER, MA 01845
December 16, 2002
Town of North Andover
Community Development Office
27 Charles Street
North Andover, MA 01845
Attn: Robert Nicetta, Building Inspector
RE: GRAVEL PIT
REA STREET, NORTH ANDOVER, MA
Dear Mr. Nicetta:
Please be advised that I have recently entered into a
Purchase and Sale Agreement with Peach Tree Development, LLC
whereby I have agreed to sell a portion of my property at Rea
Street, North Andover, including the area once used as a
gravel pit. Peach Tree Development, LLC has file a proposed
subdivision plan with the Planning Board whereby the gravel
pit area will become open space upon approval.
In order to facilitate this proposal I hereby request that
you issue an order declaring that the gravel pit is
effectively closed and that my property is in fact in
compliance with all zoning regulations as they pertain to the
gravel pit. Please be advised that I have not maintained
this portion of my property as a gravel pit nor have I sought
out any permits in conjunction with this activity for
several years.
It is my belief that the proposal submitted by Peach Tree
Development, LLC will provide an excellent use for this
property.
Additionally, please accept this letter as authorization to
allow Peach Tree Development, LLC through its various
representatives to submit to you any documentation you deem
necessary including any subdivision plans, in order to
effectuate a closing of this gravel pit.
I thank you for your anticipated cooperation in this matter.
Sincerely,
&2�j u-)0
Kenneth W. Rea
Town of North Andover
Office of the Zoning Board. of Appeals
Community Development and Services Division
27 Charles.Street
North Andover, Massachusetts 01845 4SSAC14
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Memorandum
To: D. Robert Nicetta
Building Commissioner & Zoning Enforcement Officer
From: William J. Sullivan, Chairman
Zoning Board of Appeals
Date: December 23, 2002
Re: Rea's Gravel Pit
44 Rea Street
This memorandum is in response to your correspondence of December 18, 2002 concerning
Kenneth W. Rea's letter of December 16, 2002 requesting that the gravel pit be considered
closed. The information and drawings that Peachtree Development, LLC submitted to you
concerning the future development of the property, rather than reforestation, will certainly
enhance the area, upholding the spirit of Section 5.8 Restoration Standards, 1.6. Reforestation.
The Zoning Board of Appeals accepts and approves of your decision, as Zoning Enforcement
Officer, that the "reforestation of the Earth Removal area is not necessary as the Peachtree
Development would better sustain the area."
Thank you for your attention.
CC: ZBA Board
Heidi Griffin, Director
Community Development &Services Division
Kathleen McKenna, Town Planner
ZBA files
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
Town of North Andover NORT"
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles.Street
North Andover, Massachusetts 01845 4SSACHU`��S
D. Robert Nicetta
Building Commissioner
Memorandum
To: D. Robert Nicetta
Building Commissioner & Zoning Enforcement Officer
From: William I Sullivan, Chairman
Zoning Board of Appeals
Date: December 23, 2002
Re: Rea's Gravel Pit
44 Rea Street
Telephone (978) 688-9541
Fax (978) 688-9542
This memorandum is in response to your correspondence of December 18, 2002 concerning
Kenneth W. Rea's letter of December 16, 2002 requesting that the gravel pit be considered
closed. The information and drawings that Peachtree Development, LLC submitted to you
concerning the future development of the property, rather than reforestation, will certainly
enhance the area, upholding the spirit of Section 5.8 Restoration Standards, 1.6. Reforestation.
The Zoning Board of Appeals accepts and approves of your decision, as Zoning Enforcement
Officer, that the "reforestation of the Earth Removal area is not necessary as the Peachtree
Development would better sustain the area."
Thank you for your attention.
CC: ZBA Board
Heidi Griffin, Director
Community Development &Services Division
Kathleen McKenna, Town Planner
ZBA files
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
December 18, 2002
Mr. William J. Sullivan, Chairman
North Andover Board of Appeals
27 Charles Street
North Andover, Ma 01845
RE: Rea's Pit
Rea Street
Dear Mr. Sullivan:
Telephone (978) 688-9545
Fax (978) 688-9542
I am in receipt of correspondence from Mr. Kenneth W. Rea advising me of the potential sale of
the subject pit area to Peach Tree Development, LLC. The proposed Peachtree Development will
consist of a 29 -lot cluster subdivision with 5 town house units.
Research of Zoning Board records indicates that the Special Permit and Performance Bond for the
earth removal operation have not been renewed since approximately 1996. I am of the opinion
Mr. Rea; by not renewing the above has voluntarily ceased the Earth Removal operation.
Pursuant to Section 5.8 Restoration Standards, Paragraph 6 Reforestation that reads in part "All
areas which are disturbed in the Earth Removal operation shall be reforested". I am of the
opinion after reviewing the development Grading and Utility Plan, Sheet 8 of 21, Dated: October
24, 2002 as prepared by Marchionda & Associates, L.P. that reforestation of the Earth Removal
area is not necessary as the Peachtree Development would better sustain the area.
I have also enclosed for your review correspondence from Mr. Kenneth W. Rea stating that he
has in effect entered into a Purchase and Sale Agreement with Peachtree Development, LLC and
as such authorizes them to act as agent on the parcel.
I am of the opinion that the associated work shown on the development plan willeffectively be a
better solution to closing out the Earth Removal Operation (Pit) than the reforestation. Please
advise if you approve.
Yours truly,
D.Robert Nicetta
Building Commissioner / Zoning Enforcement Officer
Enclosure: Letter dated December 16,2002 by Kenneth W. Rea
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING M-9535
KENNETH W. REA
44 REA STREET
NORTH ANDOVER, MA 01845
December 16, 2002
Town of North Andover
Community Development Office
27 Charles Street
North Andover, MA 01845
Attn: Robert Nicetta, Building Inspector
RE: GRAVEL PIT
REA STREET, NORTH ANDOVER, MA
Dear Mr. Nicetta:
Please be advised that I have recently entered into a
Purchase and Sale Agreement with Peach Tree Development, LLC
whereby I have agreed to sell a portion of my property at Rea
Street, North Andover, including the area once used as a
gravel pit. Peach Tree Development, LLC has file a proposed
subdivision plan with the Planning Board whereby the gravel
pit area will become open space upon approval.
In order to facilitate this proposal I hereby request that
you issue an order declaring that the gravel pit is
effectively closed and that my property is in fact in
compliance with all zoning regulations as they pertain to the
gravel pit. Please be advised that I have not maintained
this portion of my property as a gravel pit nor have I sought
out any permits in conjunction with this activity for
several years.
It is my belief that the proposal submitted by Peach Tree
Development, LLC will provide an excellent use for this
property.
Additionally, please accept this letter as authorization to
allow Peach Tree Development, LLC through its various
representatives to submit to you any documentation you deem
necessary including any subdivision plans, in order to
effectuate a closing of this gravel pit.
I thank you for your anticipated cooperation in this matter.
Sincerely,
6::j CP'—) ,
Kenneth W. Rea