HomeMy WebLinkAboutMiscellaneous - Rocky Brook Road (11)O 0
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OF NORTH AN
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within (20) days after the
ate of filing of this Notice „ORT
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in the Office of the Town
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NOTICE OF DECISION
Date. December 12, 1996
Date of Hearing Nov.19 & Dec..3..1996
Petition of Rocky Brook Estates II .........................
Premises affected ..Lot 3 Rocky Brook Estates, II,,, off. Rocky .Brook -Read • • • • • • •
Referring to the above petition for a special permit from the requirements
North Andover Zoning Bylaw Section 7.2.2 ...............
ofthe ......................................
allow
a frontage exception lot .........
so as to AUX
�ftet-�-a public hearing agiven on the above date the Planni Board voted -
-SPECIAL PERMIT _-
— to approve.......... the....................................r
CC: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions
icseoh V. Mahoney Chairman
Richard Rowen: Vice Chairman..,,
Alison Lescarbeau; Clerk
Richard Nardella
E9
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
December 12, 1996
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
No. Andover, MA 01845
Re: Special Permit - Frontage Exception Lot
Dear Ms. Bradshaw,
a
The North Andover Planning Board held a public hearing on Tuesday evening
November 19, 1996 at 7:30 p.m. in the Senior Center behind the Town Building,
upon the application of Stephen Breen, Oqunquit Homes, Inc., 345 Stevens
Street, No. Andover, MA 01845 for a special permit under Section 7.2.2 of the
North Andover Zoning Bylaw to allow a frontage exception lot. The legal notice
was properly advertised in the North Andover Citizen on October 30 and
November 6, 1996 and all parties of interest were duly notified. The following
members were present: Joseph Mahoney, Chairman; Richard Rowen, Vice
Chairman; Allison Lescarbeau, Clerk; Alberto Angles, Associate Member; and
John Simons.
The petitioner was requesting special permits for the creation of Frontage
Exception Lots located at Lots 3 &4 Rocky Brook Estates Il.
The premises affected is land numbered Lots 3 & 4 Rocky Brook Estates II, off
of Rocky Brook Road, in the Residential -1 (R-1) Zoning District.
Ms. Lescarbeau read the legal notice to open the public hearing.
Mr. John Morin, representing Ogunquit Homes Inc., is confirming to the Board
that there is enough frontage for lots 3 & 4. Lot 3 has 105' and lot 4 has 58' of
frontage. The purpose of frontage exception is that it fits in well geographically.
Mr. Morin put up a complete map showing the whole subdivision beyond the two
lots. There were wetlands on site and to get to Boxford Street there would be a
huge wetland crossing that Con Com would not approve. Mr. Rowen asked,
about how much wetlands crossed to get to Boxford Street. Mr. Morin explained
that there was about 500' of wetlands. Mr. Mahoney stated that the use is
allowed to grant a special permit, doesn't feel it will set a precedent. Each case
should be dealt with on it's own issues.
BOARD OF APPEALS 688-9541 BUIIAING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
On a motion by Mr. Rowen, seconded by Mr. Angles, the board voted
unanimously to close the public hearing.
Ms. Colwell will have a draft decision prepared for the December 3, 1996
meeting.
The North Andover Planning Board held a regular meeting on December 3,
1996. The following members were present: Joseph Mahoney, Chairman;
Richard Rowen, Vice Chairman; Allison Lescarbeau, Clerk; Alberto Angles,
Associate Member; and John Simons.
Mr. Mahoney read the draft decision that Ms. Colwell had given the Board
Members, Mr. Mahoney had no comment on it.
Mr. Simon was concerned whether the road would have to be was a knoll that would have t extended, be d if it
were to be extended he stated that there
removed. This should be added to the findings.
On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted
unanimously to approve lot 3.
On a motion by Mr. Simon, seconded by, Mr. Angles, the Board voted
unanimously to approve lot 4.
Attached are the conditions.
Sincerely,
ahone Chap an
Joseph V. M y,
Lot 3 Rocky Brook Estates H
Special, Permit Approval - Frontage Exception Lot
The Planning Board makes the following findings regarding the application of Stephen Breen,
Ogunquit Homes, Inc., 345 Stevens Street, North Andover, MA 01845, dated October 28, 1996;
requesting a Special Permit under Section 7.2.2 of the North Andover Zoning Bylaw for the
creation of a Frontage Exception Lot located at Lot 3 Rocky Brook Estates H.
FINDINGS OF FACT:
1) The lot conforms to all of the criteria set forth in Section 7.2.2 of the North Andover
Zoning Bylaw as follows:
• The area of the lot exceeds by three times the minimum lot area required for that
Zoning District (87,120 SF) as the lot contains 261,361 SF.
• The lot has a minimum continuous street frontage of not less than fifty (50) feet
and a width of not less than fifty (50) feet at any point between the street and the
existing home.
• There is one frontage exception lot contiguous to this lot.
• The lot is so located as not to block the possible future extension of a dead end
street.
• The creation of the lot will not adversely affect the neighborhood as the alternative
to the creation of this lot is the extension of the roadway.
2) The creation of the lot is in harmony with the general purpose and intent of the Zoning
Bylaw.
3) The granting of this special permit will be an improvement to the town as the alternative to
the creation of this lot is the extension of the roadway and disturbance of additional land.
4) There are no wetland resource areas located between the street and the buildable portion
of the lot.
5) If the roadway were to be extended to create the required frontage, a knoll would have to
be removed which would require more disturbance of the site than necessary._
Upon reaching the above findings, the Planning Board APPROVES this Special Permit based
upon the following conditions:
1) Prior to any work on site the Rocky Brook Estates H definitive subdivision plan must be
approved by the Planning Board and recorded at the Registry of Deeds and a certified
copy of the decision delivered to the Planning Board Office.
2) This decision must be recorded with the North Essex Registry of Deeds and a certified
copy of the decision delivered to the Planning Board Office. Incorporated by reference as
a part of this decision is the following plan:
Plan titled: Definitive Subdivision Plan of Rocky Brook Estates Phase II
Designed for: Ogunquit Homes, Inc.
345 Stevens Street
North Andover, MA 01845
Scale: 1" = 40'
Dated: 8/11/95; rev. 3/12/96
Prepared by: Thomas E. Neve Associates, Inc.
477 Old Boston Road
Topsfield, MA 01983
Sheets: 3 and 4
3) Any changes made to these plans must be approved by the Town Planner. Any changes
deemed substantial by the Town Planner will require a public hearing and modification by
the Planning Board.
4) Lot 3 shall not be reduced in area below the minimum area required in Section 7.1.
5) The proposed dwelling on Lot 3 shall have a residential fire sprinkler system installed as
required by the North Andover Fire Department.
6) This permit shall be deemed to have lapsed after a two (2) year period from the date on
which the Special Permit was granted (i.e. filed with the Town Clerk) unless substantial
e or co7mm
has commenced. This application will therefore expire on
cc. Applicant
Assessor
Building Inspector
Conservation Administrator
Director of Public Works
Engineer
File
Fire Chief
Health Agent
Police Chief
Lot 3 Rocky Brook II Frontage Exception
Notice to APPLICANT/TOWN CLERK and CertificatiW4k,11ct'on of Planning Board
on Definitive Subdivision Plan entitled: T OW ra ! .': ;`,
ROCKY. BROOK , 1
By: Thomas E. Neve Assoc.tW Av=er 26_9 19 86
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. 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:
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.
Maw KXX
XXXXXXXX
NORTH ANDOVER PLANNING BOARD
Date: April 10, 1987 By: Erich W. Nitzsche, Chairman
1', s- Ri U
TO
APPLICATION FOR APPROVAL OF DEFINITIVE PIM T !1 A' , ' A_R
�nv�5 FYI, 18; 19 RF
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section
81 -LI for approval of a proposed subdivision shown on a plan entitled
ROCKYBROOK FRIATES
by THOMAS E. NEME ASSOCIATES, TUr-- dated UnvFmRFR 25- 1996
being land bounded • • NngTHFgj X 1gy1 nF FARR P. Wu KTN_-,nri
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.
227. , 228, 229
Title Reference: North Essex Deeds, Book Z0 1�, Page- ; or
Certificate of Title No. , Registration Book page ; or
Other:
Said plan s has not( ) evolved from a preliminary plan submitted to
the Board o 19 �j_,_ and'.a proved (with modifications) ( )
disapproved oa 1 19 86
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 Healthl 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.-(YusY� �F' i2o �rr� 2�,� T•-ur
Received by Town Clerk: "ff.4L k_�
-
Date: Signature of Applicant
Time: S--
-
Signature: ---
Address
ROCKY BROOK DEFINITIVE SUBDIVISION
MARCH 2, 1987
Document #204
a. All Planning Board order of conditions are to be placed on the
recorded definitive plan, (cover sheet) prior to the signature
at a Planning Board Meeting.
b. Prior to signing the definitive plans all executed deeds of
easements and parcels shall be submitted to the Planning Board
and held in escrow until completion. At the time of completion
and prior to final security release, the developer shall
execute such documents for the Town.
C. A certified document shall be submit -ted to the Planning Board
after the completion of each phase verifying that all
utilities(including electric, telephone, sewer, and cable) have
been installed prior to -application of the binder coat.
Installation shall be in accordance with the plans and profile.
prior to the release of any lots.
1. A.Notice of Intent shall be filed with the NACC as required
under Chapter 131 - Wetlands Protection Act, and local
Conservation Commission regulatons and any changes required may
be cause for reconsideration of the subdivision under M.G.L.
Chapter 41. All wetlands shall be properly located in
accordance with Chapter 131 and shown on the Definitive
Subdivision Plans at the time.of submittal.
2. The roadway layout and alignment shall be revised so as to
minimize wetland crossings.
3. The roadway cross section and drainage shall be designed to
conform with the Planning Boards Rules and Regulations.
4. Two (2) watergates should be shown at Tanglewood Lane and Rocky
Brook, intersection with the approval of the Board of Public
Works.
5. The developer will add watergates at stations 7.00 and 20.00 in
accordance with the Subdivision Rules and Regulations (Section
V. , F, (3) .
6. Houses, septic systems and. proper grading are to be shown on
the plans in accordance with the Subdivision Rules and
Regulations (Section B,3 (k)).
7. The developer will provide catch basins at the intersection of
Tanglewood and Rocky Brook Road, to be coordinated with the
Division of Public Works.
8. A notation shall be made on the plans regarding the removal of
D 0
the temporary turn around on lots 7 and 8 in the event that the
road is continued. A condition shall, be placed on the record
plan, with special notation on lots '7 and 8, which specifies
that the temporary turn -around easement on.said lots will be
removed and the easement restored to lawn upon the future
submittal upon approval and,construction of any extension to
Rocky Brook Road. The developer shall also include a written
clause in a purchase and sale agreements and deeds of the lots
that the road may become a through street at a future date (to
be noted on the plan).
9. Drainage and retention easements shall be on record plans.
10. Parcel A, at the intersection of Rocky Brook and Tanglewood
Lane is unacceptable as an easement and must be shown as part
of the road layout.
The slope easement for Parcel A at the intersection of Rocky
Brook and Tanglewood Lane shall be shown on the plans as part
of the road layout. If there is to be an easement then all
documentation shall be submitted to the Planning Board.
11. Executed deeds of easements shall be submitted to the Planning
Board.
12. Lot 11 should not be included as a'separate lot since it is not
a buildable lot and should be absorbed into adjacent lots. Lot
11 and lot 10 are to be combined to produce one buildable lot
to be identified as lot 10-11.
13. The 100 -year flood plain elevation should be shown in the
detention ponds and floodway of Mosquito Brook..
14. Mosquito Brook is to be shown on recorded and topographic plans
as it flows through the property.
15. A Drainage easement shall be placed on lots on Mosquito Brook
to be measured from the tributary at the rear of each lot
shall be placed along the 100 foot setback from the Mosquito
Brook along the edge of the wetland for the purpose of
minimizing adverse environmental impacts on the watershed of
Mosquito Brook. The easement`is to be noted on record plans
and lot deeds.
16. The developer shall not remove more than 50 percent (50%) of
existing trees within each subdivision lot. This restriction
shall be binding on the developer and builder of each lot. Any
tree cutting needed beyond this restriction will require
Planning Board approval. As required by the Tree Warden, lots
with minimal natural tree coverage will be provided with new
tree plantings, number and size of trees to be planted shall be
at the discretion of the Tree Department. Also, a tree cutting
plan shall be submitted to and approved by the Planning Board
and Tree Warden prior to final Planning Board endorsement of
101
the Definitive Plan.
17. There shall be no driveways constructed at catch basin or stone
bound locations in accordance with rules and regulations (note
on record plan.)
18. The water mains shall be shown on' the profile sheets in
accordance with the Subdivision Rules and Regulations (Section
B, 3, (p)).
19..No lot(s) or group of lots will be released from the Statutory
covenant until all street utilities have veen installed to the
satisfaction of the Division of Public Works and further that
certification and an interim As -Built plan and profile shall be
submitted for approval to the Planning Board indicating that
all drainage has been installed in accordance with the approved
plans. In the event any drainage has not been installed in
accordance with the approved plans, the Design Engineer shall
substantiate with revised drainage computations that the
incorrected installation shall not adversely effect any
downstream, abutter and/or the overall'e?rainage design of the
subdivision to the satisfaction of the Planning. Board. The
as -built plan and certification shall include all utilities
installed within the street, including, but not limited to
drainage, sewer, gas, water, telephone, fire, cable and
electric and further that all detention basins and off street
drainage has been completed satisfactorily.
20. No lot(s) or groups of lots shall be released from the
Statutory Covenant until the binder coat of bituminous pavement
has been placed to the satisfaction of the Division of Public
Works and 'certification from the Design Engineer certifies the
horizontal and vertical location of the binder coat is in
conformance with the approved plans.
21. No lot(s) or group of lots shall be released from the Statutory
Covenant unless the Conservation Commission has approved such
lot construction and has issued either a Negative Determination
or an Order of. Conditions on such lot or if neither is
applicable has informed the Planning Board that such lot is not
governed by Chapter 131.
22. The final As -built and Acceptance plans shall be accompanied by
a Certificate of Compliance from,a Registered Professional
Engineer certifying that the grades on all lots and streets
have been established in compliance with the Definitive Plans
and that such grades do not create adverse drainage patterns
onto adjoining lots, streets and/or abutters.
23. Developer shall reserve the fee in the roadway from any lot
conveyance.
24. All Boiler Plate including but not limited to:
a) Conservation Commission Order of Conditions.
0 01
• b) Executed Deeds of Easements prior to endorsement. `
25. Gutter profiles should be submitted for intersection of roadway
with Tanglewood.
26. The crowns of the pipes should be matched in accordance with
proper engineering procedures with the proper amount of fill
over crowns of pipes to be shown on plan
The plans shall show the cover at the Catch Basins at the
shoulder of the roadway, station 15 of the profiles shall be
corrected to reflect what is shown on plans.
27. Erosion and sedimentation control programs shall be submitted
for approval and shown on.plans.
28. A bond in the amount of $20,000 must be submitted to cover the
amount of the final as -built plan.
29. Subdivision plans show roadway filling on abutting property of
Wintergreen Realty Trust. Written easements shall be provided
for the filling.
30. Plans will be provided which show in proper detail and clarity
the existing drainage or retaining wall on Tanglewood. Proper
interface of drainage and retaining walls at intersection of
Tanglewood and Rocky Brook should be shown on plans.
31. The Plans shall show to the satisfaction of the Planning Board
that the drainage calculations do properly mitigate runoff.
32. Revisions to plan doesn't preclude the possibility that
Planning Board will not have additional comments on impacts of
revisions or changes.
33. No benchmarks are shown on plans in accordance with rules and
regulations, the developer is required to coordinate through
field checks and adapt the plans to reflect accurate
benchmarks, where field checks differ from aerial benchmark
calculations.
34. All conditional notes are not shown on plans.
35. The length of the dead end roadway exceeds the maximum allowed
Under the rules and regulations of the Planning Board and no
provision is allowed for roadway continuity to other land that
will permit the extension of the roadway to connect to other
streets and roadway. Because the proposed dead end road is so
long (about 2000 ft.) and is situated at the very edge of Town,
the Planning Board has concerns regarding traffic flow,
serviceability and emergency access. Accordingly, no
construction shall commence on this project until the applicant
provides sufficient documentation concerning alternatives to
the current road layout and the likelihood of the extension of
the roadway to the abutting property within a reasonable time.
When this information is received, the Planning Board will make
a final determination whether to grant a waiver regarding the
dead end roadway and/or establish additional conditions
regarding the length of the dead end and the possible extension
of the roadway to abutting property.
36. The Planning Board is of the opinion that many of the lots
specifically 18, 19 and 14 are not buildable lots either
because of extensive wetland and floodplain areas, Board of
Health restrictions or zoning violations. It is the developers
responsibility to demonstrate otherwise on the plans, or
through a site plan where necessary.
37. Plans for water main looping shall be provided to the Planning
Board for approval prior to endorsement.
38._ The insertion of a new roadway across lot 22 of Wintergreen
Estates will, require a Modification (under Chapter 41, Sec.
81W) of.the Wintergreen Estates subdivision. This modification
will entail a new (i.e. revised) application and Public Hearing
for the Wintergreen Estates subdivision. Consequently, no
construction will be allowed on the Rocky Brook subdivision
until the modification of the Wintergreen Estates subdivision
has been approved by the Planning Board..
39. In order to provide for the common welfare, convenience and
safety of future inhabitants of the subdivision, and to
preserve important site features, the applicant shall submit to
the Planning Board for its approval an appropriate plan which
provides for open space for parks and/or recreation.
40. The applicant shall submit an appropriate plan to the Planning
Board to preserve (through a conservation easement or other
development restriction) the existing walking path that extends
through the subdivision.
41. Prior to endorsement, the applicant shall. submit to the
Planning Board for its approval an appropriate plan for phasing
the construction of the subdivision.
42. The developer will provide written documentation to the
Planning Board and staff that he has permission, without
liability to the Town of 'North Andover-, to cross the
subdivision known as Wintergreen Estates in order to gain
access/egress from the proposed Rocky Brook Subdivision.
43. In the event Cluster zoning is passed at the Annual Town
Meeting this parcel would become eligible and the Planning
Board would encourage such application.
cc: Highway Surveyor
Board of Public Works
0
Tree Department
NACC
Building Inspector
Health Department
Assessor
Police Chief
Fire Chief
Applicant
Engineer
File