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HomeMy WebLinkAboutFARR, GEORGE & WANDA FORM B DAN4;L L,3HG APPLICATION FOR APPROVAL OF A PRELIMINARY PL U sad Sir 6. 1 37 P! August 24 19 q_ 4 r To the Planning Board of the Torn of North Andovers The undersigned, being the applicant as defined under Chapter 41r Section 81-•L, for approval of a proposed subdivision shown on a plan entitled n d o v e r g H August 16 1 94 r'# y �h r i s t i a n s e n ��grg„1 ;t n,r, dated � � 9 being land bounded as follows: Northerly by Commonwealth of Mass , Land of Steer and Fried ; easterly by land of Fried , Deadder , Rough, - Green, Galeassi, Youree Mate 'a Bias Alosky and Danis , Salem Street , and land of Farr ; southerly by land of Farr and Commonwealth of Massachusetts ; westerll bX Commonwealth of Mass. ' hereby submits said plan as a PRELIMINARY subdivision 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. g Book AM ' Paie3 314 and fi� Title references North Essex Deeds, Book Page { or , Certificate of Title No. , Registration Book„_ � Page ; or Others we Ap i s si tures w. Received by Town Clerks al Date: Applicant's address Messina Development orp Q •; .f Ln.�W i trp r '( - 3i r p g t Times No . Andover , MA 01845 Signatures Owner's signature and address if not the aPP icants Georg & WAndp Farr , 216 Raleigh Tavern Rd, ' �Ian Smith & Helen Gorman ' 270 Marbleridge Road , NAk z. $ 5083723960 Po1 40,f C TOWN CHRISTIANSEN & SERGI, INC. t� FRGFESSIONAL ENGINEERS AND LAND SURVFYORS JON 2 1 t 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508)373.0310 FAX: (508) 372-3960 June 5, 1995 IPL Dbhfl North Andover Planning Beard JUN — 61995 °Town Hall Annex 146 MainstreetANNING BOAR: North Andover, MA 01845 Dear Board Members On behalf of my client, Messina Development Corp, I grant a 45 day extension to the Beard for their review on the Evex7green Estates Definitive Subdivision Flan. Very t, lYA.r 12 /Ph' p -G. Christ an Qn J PGC; -, (,- TO # .; 40FT ,. 4 'own of North Andover E NORTIy, OFFICE OF 3' L COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street s 9q"`;"'"" • SAA TED♦P '(y KENNETH R.MAHONY North Andover,Massachusetts 01845 "SSACNUS�t Director (508)688-9533 Memorandum To: Applicant Assessor Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Administrator Planning Board Police Chief Town Clerk From: Kathleen Bradley Colwell, Town Plannerlok— Date: August 24, 1995 Re: Evergreen Estates - Definitive Subdivision Approval Please remove page 9 from your copy of the Evergreen Estates Definitive Subdivision Approval and insert the attached page. There is a typo in condition 19 of the original approval. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 689-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Stazr Kathleea►Bradley Colwell Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary ,Subdivision Plan, entitled: Preliminary Subdivision Plan "Evergreen Estates" located in North Andover By: Christiansen & Sergi,, Inc. dated August 16, 1994 Mugu@" FM In G The North Andover Planning Board has disapproved said plan, for the following reasons: See Attached 3• a v Un .' Very truly yours, NORTH P D Jos lMneyy, Viee Cha R By Date: October 4, 1994 r n L c Dew E T(1*4 FORM BR �. APPLICATION FOR APPROVAL OF A PRELIMINARY PLAEP 6 36 August 24 19 94 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81—L, for approval of a proposed subdivision shown on a plan entitled Preliminary Subdivision Plan "FvergrPPn FctatpQ11 Net1,. Andover By _ Christiansen & Sergi - Tnr dated August 16 19 94 being land bounded as follows: Northerly by Commonwealth of Mass, Land of Steer and Fried ; easterly by land of Fried , Deadder , Rough , Green ; Galeassi , Youree , Mate_ja, Bias Alosky and Danis , Salem Street , and land of Farr ; southerly by land of Farr and Commonwealth of Massachusetts ; westerly by Commonwealth of Mass . hereby submits said plan as a PRELIMINARY subdivision 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. Book 2�8Y7 , Ns 314 and Title reference: North Essex Deeda, Book , Page ; or Certificate of Title No. , Registration Book , Page ; or Other: i II Ap is si tures Received by Town Clerk: Date: Applicant's address Messina Development Corp 9n&Win t-Pr .1trCpt Tom: No . Andover , MA 01845 Signature: Owner,a signature and address if not the applicant: Geo ge & Wanda Farr , 16 Raleigh Tave n Rd . EanaSmith & Helen Gorman 270 Marbleridge Road , NA i r Evergreen Estates Preliminary Plan Disapproval The Planning Board herein disapproves a twenty-two (22) lot Preliminary Plan known as Evergreen Estates. The application was submitted by Robert Messina, Messina Development, 805 Winter Street, North Andover, MA 01845, dated September 6, 1994. The area affected contains approximately thirty (30) acres in a Residential- 2 Zone off of Salem Street. Findings of Fact The Planning Board makes the following findings: 1. A request for determination- has not been filed with the North Andover Conservation Commission. 2 . The following comments from the Division of Public Works must be addressed: a. The. water main must be an eight (8) inch pipe installed on the north or east side of the roadway. b. The proposed bridge must be a box culvert with the utilities installed over if possible. C. The proposed retaining walls at the wetlands/brook crossing must be reduced in length as much as possible. The alternative being a headwall with wingwalls at the box culvert and 1: 1 rip-.rap or 2: 1 grass slopes as needed in a configuration which will minimize wetlands filling. A guardrail will be required at the wetlands crossing. . d. A sidewalk should be installed at the curb or berm from Salem Street to the first driveway and with a typical grass strip elsewhere. e. The proposed drainage should be a catch basin to manhole design. The main drain pipe should be installed approximately in the shoulder on one side of the road. f. Utility easements should be provided at the ends of both cul-de-sacs. 3 . The following comments from the Fire Department must be addressed: a. Lot numbers are to be posted during construction. 1 b. No open burning is to be permitted except during open burning season under Fire Department Regulations. 4. The Flood HazardZoneis not shown on the plans. 5. Justification for the waiver request for the length of the roadway has not been received. 6. Location of proposed homes, septic systems, and driveways have not been shown on the plans. 7. The applicant has not received approval from the Board of Health for the septic systems. Complete testing is not located on the plans. The Board of Health has not received adequate testing data. 8. The applicant should review- the site under the Planned Residential Development Bylaw. 9. The applicant should create a ten (10) foot buffer zone along the property boundary with the State Forest. 10. The applicant must review proposed street names with the E- 911 Coordinator. The following plans are included as part of this decision: Plan titled: Preliminary Subdivision Plan Evergreen Estates located in North Andover, MA Applicant: Messina Development Co, Inc. 805 Winter Street North Andover, MA Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Date: August 16, 1994 Scale: as noted Sheets: 1 through 6 evergreen.prelim 2 CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508)373-0310 FAX: (508)372-3960 July 18, 1995 C North Andover Planning Board ; Town Hall Annex xx�,r 146 Main Street . North Andover, MA 01845 - + , Dear Board Members: On behalf of my client, Messina Development Corp, I grant an extension to the Board to issue a decision on the Evergreen Estates Definitive Subdivision Plan until August 15, 1995. Ver y your Ph' p G. ristia PGC;lc i i FORM C r : APPLICATION FOR APPROVAL OF DEFINITIVE , C a ' \ NORTH ANDOV R January, 17 19 95 t< , t „1 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter lel., Section 81—L, for approval of a proposed subdivision shown on a plan entitled Definitive Subdivision Plan "Evergreen Estates" located in North—Andover by Christiansen & Sergi , Inc . dated December 28 . 1994 being land bounded as follows:Northerly bt Com of MA, land of Steer and Fried ; easterly by land of Fried , Deadder , Rough, Green , Galeassi , Yourre , Mateja , T3 q S-. A 1 nQ .T�glnrl Tlan 9T �e� 9 d Pe t ' - ' ' n 1 of Farr and i�i�e e i e err------v�-�ezrcz�—v—y r Com of MA ; westerly by Com of MA. hereby submits said plan as a DEFINITIVE pian in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to -the Board for approval of said plan. 1087 314 Title Reference: North Essex Deeds, Book 2901 Page 13 ; or Certificate of Title No. , Registration Book , page ; or Other: Said plan has( x) has not( ) evolved from a preliminary plan submitted to the Board of Au 24 19 94 and approved (with modifications) ( ) disapproved (X on Oct 4 a 19 Q 4 - 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 ueith 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. , 4� Received by Town Clerk: Date: Signature of Applicant Messina Development Corp . , 805 Winter St . Time: -North Andover , MA 01845 Signature: Address 4 FORM D DESIGNER ' S CERTIFICATE January 17 1995 TO THE ANNING BOARD OF THE TO efQn t�veHSubdwision Plan "Evergreen In preparing the plan entitled Estates" located in No . Andover , MA I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the cur •ent Rules and Regulations Governing the Subdivision of Land in North Ando ,er , Massachusetts , and tivn about the 1ocat. on , f "Oundar. es shown on sa? d my SOUrCe of ii�fori�n plan were one or more of the following : Robert A & Jean Smith Jean Smith & Helen Gorman (Lot 1 . Deed from t.o Geor P wanrla Farr (Tnt ?8 /h3 2/28/89 dated 8/1/67 and recorded in the Np-n 2901 13 Registry in Book 1087 , Page ��•4 2 . Other plans , as followsN . E . R. D. 1468, 1508 , 7391 , 4899 , 4891 , 6062 5610 , 5983 , 7367 , 7123 , 4201 , 9038 , 10301 ; B&M RR val she V. 7 . 12/14; 1975 Essex Co Layout 3142 3. Oral information furnished by 4 . Actual measurement on the around from .a stating point established by 5 . ether Sources Signe 7L IN pf (Seal ng or (Registered Professional . Engineer or Sur, r 9 Registered Land Surveyor) � i Na SEAMichael J. Sergi Z ooQ 160 Summer St . o rERE y r1�flANos`��� Haverhill , MA 01 ddress - FORM E CERTIFIED LIST OF ABUTTERS January 17 19 95 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : The undersigned , being an applicant for approval of a Definitive Plan of a proposed subdivisidn entitled "Evergreen Estates" submits the follcwing sketch of the land in the subdivision listing the names of the adjo4ning owners in their relative positions and indicating the address of eac.n abutter on the sketch or in a separate list , in - ciudina owners of land separated from the subdivision only by a street . Signature of Applicant Messina Development Corp Nn And in Mn ni 84� Address 19 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : This is to certify that at the time - of the last assessment for taxation made by the Town of North Andover, the names and addresses of the parties assessed as adjoining owners to the parcel' of land shown above were as above written , except as follows Assessor Parties of Interest Map 106B, Lots 41 & 28 MAP NAME STREET CITY 106B/1 Michael & Deborah Fried 1535 Salem St. No. Andover, MA 01845 106B/2 Donald & Bernadette 1557 Salem St. No. Andover, MA 01845 Deadder 106B/214,24 MR. NICK VONTZALIDES MA DEPT ENV MGT 100 CAMBRIDGE ST RM 1905 BOSTON MA 02202 1068/26- Thaddeus & Lucyna Mateja 1607 Salem St. No. Andover, MA 01845 1068/27,43,83,84 George & Wanda Farr 216 Releigh Tavern Lane No. Andover, MA 01845 106B/3- Lauren Rough 1565 Salem St. No. Andover, MA 01845 106B/4 Jeffrey & Susan Green 1577 Salem St. No. Andover, MA 01845 106B/5 Richard & Marianne 1589 Salem St. No. Andover, MA 01845 Galeazzi 106B/6 .lames & Dorothy Youree 1601 Salem St. No. Andover, MA 01845 1068/80 " George Bias c/o Margarete One Ronson Rd. Islip, NY 08830 Hanlo 106B/81 " Paul & Alize Alosky 1631 Salem St. No. Andover, MA 01845 106B/82' Ian & Denise Danis 1641 Salem St. No. Andover, MA 01845 106D/15,14,13,2 MR. NICK VONTZALIDES MA DEPT ENV MGT 100 CAMBRIDGE ST RM 1905 BOSTON MA 02202 ` M irk * 9r2eN p q SH&# / S (rr�Sf. lU o- /4,u pov,-v AAA of b-y s (7O S,4(ems S+ f J o-41j Dui.(-e Y A4 A-- �` S r Notice to AP?1,1:i A n'/'�1 CLERK and Certification. of on of Pl Board on Definitive SubdiSon Plan entitled: Evergreen Estates By Christiansen & Sergi dated liar �mj,er �,P_ 1 19 94 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 1� See attached �* M, rTJ 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. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNING BOARDyF Date: August i5, 1995 By: Joseph V. Mahoney, Chairman FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PL ' TOWN C�-_t_ .K NORTH AF uOYER January17 �9 95 6 1W AllAN .4 v To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41., Section 81—L, for approval of a proposed subdivision shown on a plan entitled Definitive Subdivision Plan "Evergreen Estates" located in North Andover by Christiansen & Sergi , Inc . dated December 28, 1994 being land bounded as follows:Northerly bt Com of MA land of Steer and Fried ; easterly by land of Fried , Dead er , Rough , Green , Galeassi , Yourre , Mateja, Bi n.s., Ai „cit* and D.,„ 2„le.io 94 , g and Parr----_b�ther Farr and Com of MA; westerly by Com of MA.. 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. 1087 314 Title Reference: North Essex Deeds, Book 2901 , Page 13 ; or Certificate of Title No. , Registration Book ,page ; or Other: Said plan has(x) has not( ) evolved from a preliminary plan submitted to the Board of Au 9pPY'19 and approved with modifications) ) disapproved (X on 0 c t 4 ' 19 9 4 • 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 Clark: �0 � ���, Date: Signature of Applicant Messina Development Corp . , 805 Winter St . Time: North Andover , MA 01845 Signature: Address Evergreen Estates Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision Approval for a twenty-two (22) lot subdivision known as Evergreen Estates. This application was submitted by Robert Messina, Messina Development Corp, 805 Winter, North Andover, MA 01845 on January 24, 1995. The area affected contains approximately thirty-five (35) acres in a Residential -2 Zone off of Salem Street. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated December 28, 1994, rev. 6/1/95 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. A planting plan for the stormwater treatment area and the wetland replication area at the entrance to the subdivision must be submitted for review and approval. The planting plan must include a mix of trees and shrubs if possible. b. Additional storm water storage must be provided on Lots 21 and 22 where the 100 foot contour meets with the wetland boundary. C. The detention basin dikes should conform to ASCE standards. d. The plans and typical cross-section must be revised to reflect a five (5') foot grass strip in the area beyond 1 the special wetland crossing detail. e. The two proposed access easements between each cul-de-sac and the adjacent property should be identified as access and utility easements. f. The proposed hydrant at Lot 10 should be installed at approximately station 10+40 opposite the driveway to Lot 5. The proposed hydrant at Lot 8 should be installed at station 14+25. g. Per requirement of the Department of Environmental Management, a twenty-five (25) foot no-cut zone will be required along the rear lot lines of all proposed lots abutting the Harold Parker State Forest, to run with all deeds of conveyance from the proponent to individual lot purchasers. Exceptions to this twenty-five (2 5) foot no- cut zone may be made for the placement of sub-surface sanitary disposal systems as may be required by the Town. However best efforts must be used to maintain the integrity of a uniform twenty-five (25) foot no-cut zone. h. Per requirement of the Department of Environmental Management, the applicant must provide a uniform grade, gravel base, 20 ' wide access right of way at the end of the proposed cul-de-sac in favor of the Department for emergency vehicles, forestry management and harvesting, and public access. These access right of ways will link up with existing DEM trails. All improvements or alterations that are required will be effected by the applicant at the applicant's expense. i. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. j . A detailed construction schedule must be submitted as part of the plans. k. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 3 (d) . 1. Executed right of way dedication easements for the proposed roadway shall be provided to the Planning Office at the applicant's expense. M. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. 2 n. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1(f) . o. All application fees must be paid in full and verified by the Town Planner. p. A full set of final plans reflecting the changes outlined above, must be submitted to the Town Planner for review endorsement by the Planning Board,, within ninety (90) days of filing the decision with the Town Clerk. q. The Subdivision Decision for this project must appear on the mylars. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to any work on site: a. The approved plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b. The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Guarantee in the amount of fifteen thousand ($15,000) dollars to be by the Town of North Andover. The Guarantee shall be in the form of a check made payable to the Town of North Andover and will be placed in 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 described in Condition 3 (d) . This Site Opening Guarantee may at the discretion of the Planning Board be rolled over the 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. C. All erosion control must be in place and reviewed by the Town Planner. 3. Prior to any lots being released from the statutory covenants: 3 a. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the Conservation Commission Order of Condition must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. b. All site erosion control measures required to protect off site properties from the effects of work on the Tot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. C. The applicant must submit a lot release FORM J to the Planning Board for signature. d. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form of a check made out to the Town of North Andover. This check will then be placed in an interest bearing escrow account held by the Town. 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 e. Three (3) complete copies of the endorsed and recorded plans and two (2) certified copies of the recorded subdivision approval, Covenant (FORM I) , Right of Way easements, and FORM M must be submitted to the Town Planner as proof of filing. 4. Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a. All lots must be approved by the Board of Health. The Board of Health has determined that Lots 6, 9, 12, 13, and 21 cannot be used for building sites without injury 4 to the public health without further testing. No building or structure shall be placed upon these lots without consent by the Board of Health. b. Due to the large amount of rock on the site which may interfere with the amount of parent material available for leaching, the Board of Health will require that the leaching area for each lot be completely excavated to insure that there is the requisite four feet of parent material present throughout the entire location proposed for the leaching area. C. The applicant must submit to the Town Planner proof that the FORM J referred to in Condition 3 (c) above, was filed with the Registry of Deeds office. d. 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 site 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. e. All appropriate erosion control measures for the lot shall be in place. Finaldeterminationof appropriate measures shall be made by the Planning Board or Staff. f. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. g. The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. The Town Planner shall verify this information. h. Lot numbers, visible from the roadways must be posted on all lots. 5. Prior to a Certificate of occupancy being requested for an individual lot, the following shall be required: a. A stop sign must be placed at end of Pheasant Brook Road where it intersects with Salem Street. b. A driveway easement across Lot 22 must be granted to Ian 5 and Denise Danis, the adjacent property owners, to allow them access to their lot from Pheasant Brook Road. The location of the easement shall be determined per agreement between the applicant and the Danis' . C. Sprinkler systems must be installed under the direction of the Fire Department. Sprinkler systems are required in return for a waiver on the length of the roadway. (See Condition 8) d. The roadwaymustbe 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 andtestingof water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. e. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. f. Permanent house numbers must be posted on dwellings and be visible from the road. g. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Department in regards to erosion, water run off, and safety. h. The lot must be raked, loamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding i. There shall be no driveways placed where stone bound monuments and/or catch basins are to be seta It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. j . The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 6. Per requirement of the Department of Environmental Management the applicant will provide and install lock gates, to DEM specifications at the boundary lines of each access right of way. Keys are to be provided for the benefit of DEM management and local emergency response units (police, fire, 8 ambulance) . 7. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. The boundary between Pheasant Brook Road and the property owned by Ian and Denise Danis must be properly screened per agreement between the applicant and the Danis' and as approved by the Town Planner. b. An as-built plan and profile , of the site shall be submitted for review and approval. C. The applicant shall petition Town Meeting for public acceptance of the street. 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 developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. d. The Town Planner shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 8 . The following requirements of the Division of Public Works must be adhered to: a. The spacing between the top of the vertical curve and CB #12 and CB #13 is acceptable. b. The precast concrete arch bridge and related walls should be designed and stamped by a structural engineer. Shop drawings of the bridge and headwalls in the proper configuration must be submitted to the DPW for review and approval prior to manufacture. C. Permits for utility and roadway extensions will not be granted until a set of plans, and copies of the decisions of both the Planning Board and Conservation Commission are on file at the Division of Public Works. 9. The sewer extension for the subdivision will be subject to the policies of the Division of Public Works regarding the mitigation of groundwater infiltration into the existing 7 sewers. 10. The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance structures. Any lighting, used for the entrance signs must be removed prior to acceptance of the subdivision by the Town. 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 in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 12. There shall be no burying or dumping of construction material on site. 13 . The location of any stump dumps on site must be pre-approved by the Planning Board. 14 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 16. Any action by a Town Board, Commission, orDepartmentwhich requires changes intheroadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 17 . The following waivers have been granted by the Planning Board: a. Section 7 (A) (4) (a) Dead end streets: The proposed roadway is longer than eight hundred (800) feet in length. This waiver is granted because a through street is not feasible as this property is surrounded by State Forest. The applicant has agreed to install sprinkler systems in return for the granting of this waiver. b. Section 7 (C) (1) Shoulders: The shoulders have been waived to four (4) feet with 1: 1 slope and concrete grid pavers from Station 1+50 to 4+50 at the wetland crossing. These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby 8 decreasing the amount of erosion and siltation on site. 18. The utilities must be installed and the streets or ways constructed to binder coat by August 14, 1996 (two years from the date permit granted) . If the utilities are not installed, the streets or ways are not constructed to binder coat and an extension has not been granted by the Planning Board by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 19 . This Definitive Subdivision approval is based upon the following information: a. Plan titled: Definitive Subdivision Plan Evergreen Estates Located in North Andover, MA Record Owner: Jean F. Smith & Helen Gorman 270 Marbleridge Road North Andover, MA Applicant: Messina Development Corporation 805 Winter Street North Andover, MA Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Dated: December 28, 1994; rev. 6/1/95 Sheets: 1 through 15 b. Document titled: Supplement to the Definitive Subdivision Plan of Evergreen Estates in North Andover, Mass. Prepared For: Messina Development Corporation Dated: December 20, 1994 Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 C. Engineering review comments by Coler and Colantonio Inc. , dated February 21, 1995; June 23, 1995, July 18, 1995, and July 24, 1995. d. Memo from the Board of Health to the Planning Board dated July 16, 1995. CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant 9 Fire Chief Assessor Applicant Engineer File Evergreen. sub 10 decreasing the amount of erosion and siltation on site. 18 . The utilities must be installed and the streets or ways constructed to binder coat by August 14, 1996 (two years from the date permit granted). If the utilities are not installed, the streets or ways are not constructed to binder coat and an extension has not been granted by the Planning Board by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 19. This Definitive Subdivision approval is based upon a-Special Permit granted inaccordance with Section: 4.125, 10.3 and 10. 31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following information: a. Plan titled: Definitive Subdivision Plan Evergreen Estates Located in North Andover, MA Record Owner: Jean F. Smith & Helen Gorman 270 Marbleridge Road North Andover, MA Applicant: Messina Development Corporation 805 Winter Street North Andover, MA Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Dated: December 28, 1994; rev. 6/1/95 Sheets: l through 15 b. Document titled: Supplement to the Definitive Subdivision Plan of Evergreen Estates in North Andover, Mass. Prepared For: Messina Development Corporation Dated: December 20, 1994 Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 C. Engineering review comments by Coler and Colantonio Inc. , dated February 21, 1995; June 23, 1995, July 18, 1995, and July 24, 1995. d. Memo from the Board of Health to the Planning Board dated July 16, 1995. CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief f 9 I � 1 f L%a.. ,' ` HAW TOWN CLE , 1 CHRISTIANSEN & SERGY;, INC. tIi "4kL L,% ' f-f R.tm r 'E 2 12 FO f•"J i_t+l r,°��.' June 6, 1,995 Q U 15 ortnoFes: JUN — 6 1995a 3t Pi.AOARS Ancli titre ' r It C a i 13 on behai of my client, Messina Development 001-p, I c cent a 45 day extension to the Board for their review on the zvergreeii Estates Definitive Subdivision Flan. 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